SMILEY v. DIRECTOR, OWCP

No. 91-70335.

984 F.2d 278 (1993)

Shirley A. SMILEY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Navy Resale and Services Support Office, Respondents.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 31, 1992.

Opinion Withdrawn January 21, 1993.

Decided January 21, 1993.


Attorney(s) appearing for the Case

Shirley A. Smiley, pro se.

Thomas R. Ungleich, Navy Exchange Service, Staten Island, NY, for respondent Navy Resale and Service Support Office.

Before FERGUSON, REINHARDT, and KOZINSKI, Circuit Judges.


ORDER

The opinion filed August 31, 1992, 973 F.2d 1463, is withdrawn. A new opinion will be filed.

OPINION

FERGUSON, Circuit Judge:

This case arises from denial of a claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1988) ("the Longshore Act"). An administrative law judge (ALJ) denied Shirley A. Smiley's claim for permanent total disability benefits...

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