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INSURANCE CO. OF N. AM. v. U.S. DEPT. OF LABOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 1068, Docket 91-4193.

969 F.2d 1400 (1992)

INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. U.S. DEPT. OF LABOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Freelove Peterson, (Widow); Paul Peterson, (Decedent), Respondents.

United States Court of Appeals, Second Circuit.

Decided July 16, 1992.

Attorney(s) appearing for the Case

Richard N. Curtin, Boston, Mass. (Scott E. Richardson, Parker, Coulter, Daley & White, Boston, Mass., of counsel) for petitioner.

Samuel J. Oshinsky, Washington, D.C. (Marshall J. Breger, Sol. of Labor, Carol A. De Deo, Associate Sol., Janet R. Dunlop, Counsel for Longshore, Washington, D.C., of counsel) for respondent Director, Office of Workers' Compensation Programs.

Matthew Shafner, Groton, Conn. (Amy M. Stone, Carolyn P. Kelly, O'Brien, Shafner, Bartinik, Stuart & Kelly, Groton, Conn., of counsel) for respondents Freelove Peterson (Widow) and Paul Peterson (Decedent).

Before: MINER and McLAUGHLIN, Circuit Judges, and MARTIN, District Judge.

MINER, Circuit Judge:

Petitioner Insurance Company of North America ("INA") seeks review of a United States Department of Labor Benefits Review Board ("BRB" or the "Board") order awarding death benefits to Respondent Freelove Peterson, widow of Respondent Paul Peterson, under the Longshore and Harbor Workers' Compensation Act ("LHWCA" or the "Act"), 33 U.S.C. §§ 901 et seq. Decedent Paul Peterson was hospitalized in November 1984 and diagnosed as...

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