NEALON v. CALIFORNIA STEVEDORE & BALLAST CO.

No. 91-70399.

996 F.2d 966 (1993)

Robert NEALON, Petitioner, v. CALIFORNIA STEVEDORE & BALLAST CO., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1993.


Attorney(s) appearing for the Case

Deborah Kochan, Law Offices of Lyle C. Cavin, Oakland, CA, for petitioner.

Robert Babcock, Littler, Mendelson, Fastiff & Tichy, Portland, OR, for respondent California Stevedore & Ballast Co.

Karen B. Kracov, U.S. Dept. of Labor, Washington, D.C., for respondent Director, Office of Workers' Compensation Programs, Dept. of Labor.

Before: CANBY, REINHARDT, and LEAVY, Circuit Judges.


REINHARDT, Circuit Judge:

The question in this case is whether, under § 19(e) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., and the supporting regulation, service on the parties must be effected before a compensation order is deemed "filed." We hold that it must, and remand Nealon's case to the Benefits Review Board with instructions to remand to the Administrative Law Judge for an evidentiary hearing as to when and...

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