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D'ERRICO v. GENERAL DYNAMICS CORP.

No. 92-2417.

996 F.2d 503 (1993)

Joseph D'ERRICO, Petitioner, v. GENERAL DYNAMICS CORPORATION, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, and Benefits Review Board, U.S. Department of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided June 25, 1993.

Attorney(s) appearing for the Case

Donald E. Wallace with whom MacDonald, Wallace, Rowley & Bena was on brief for Joseph D'Errico.

Norman P. Beane, Jr. with whom Murphy & Beane and Diane M. Broderick were on brief for General Dynamics Corp.

Laura J. Stomski, Atty., U.S. Dept. of Labor, Office of the Sol., with whom Judith E. Kramer, Deputy Sol., Carol A. DeDeo, Associate Sol., and Janet R. Dunlop, Counsel for Longshore, were on brief for the Director, Office of Workers' Compensation Programs.

Before TORRUELLA, Circuit Judge, FEINBERG, Senior Circuit Judge, and BOUDIN, Circuit Judge.

FEINBERG, Senior Circuit Judge.

Joseph D'Errico petitions for review of a decision and order of the Benefits Review Board of the United States Department of Labor (the Board). The Board affirmed a decision and order of an administrative law judge (ALJ) awarding D'Errico benefits under the Longshore and Harbor Workers' Compensation Act (the Act), but also granting D'Errico's employer, General Dynamics Corporation (General Dynamics), an offset for the amounts paid to...

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