RASMUSSEN v. GENERAL DYNAMICS CORP. ELEC. BOAT DIV.

No. 1296, Docket 92-4220.

993 F.2d 1014 (1993)

Mary RASMUSSEN, Petitioner, v. GENERAL DYNAMICS CORPORATION, ELECTRIC BOAT DIVISION, & Director of the United States Department of Labor's Office of Workers Compensation, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 4, 1993.


Attorney(s) appearing for the Case

Stephen C. Embry, Groton, CT (Timothy C. Spayne, Embry & Neusner, of counsel), for petitioner.

Norman P. Beane, Jr., Boston, MA (Edward J. Murphy, Jr., Diane M. Broderick, Murphy & Beane, of counsel), for respondent General Dynamics Corp., Elec. Boat Div.

Karen B. Kracov, Atty., U.S. Dept. of Labor, Washington, DC (Judith E. Kramer, Deputy Sol., Carol A. De Deo, Associate Sol., Charity I. Benz, Associate Sol., Samuel J. Oshinsky, Counsel for Longshore, of counsel), for respondent Director of the U.S. Dept. of Labor's Office of Workers Compensation.

Before: OAKES, PIERCE and PRATT, Circuit Judges.


OAKES, Circuit Judge:

Mary Rasmussen appeals from a final order of the Benefits Review Board of the United States Department of Labor granting her compensation for binaural rather than monaural hearing loss. The Board determined that § 8(c)(13)(E) of the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 908(c)(13)(E) (1988); requires that monaural hearing impairments be converted to binaural hearing percentages, pursuant to the American...

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