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E.P. PAUP CO. v. DIRECTOR, OWCP U.S. DEPT. OF LABOR

Nos. 91-70325, 91-70350.

999 F.2d 1341 (1993)

E.P. PAUP COMPANY; Insurance Company of North America, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Arthur McDougall, Respondents, State of Washington, Department of Labor and Industries, Respondent-Intervenor. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Petitioner, v. E.P. PAUP COMPANY; Insurance Company of North America, Inc.; Arthur McDougall, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Thomas Owen McElmeel, McElmeel & Schultz, Seattle, WA, for petitioners.

David S. Fortney, Deputy Sol. of Labor, Carol A. DeDeo, Associate Sol., Janet R. Dunlop, Counsel for Longshore, Michael S. Hertzig, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Kenneth Hobbs, Stafford, Frey, Cooper & Stewart, Seattle, WA, for respondent Arthur L. McDougall.

John R. Wasberg, Asst. Atty. Gen., State of Washington, Dept. of Labor and Industries, Seattle, WA, for respondent-intervenor.

Before: WALLACE, Chief Judge, SKOPIL, and LEAVY, Circuit Judges.

SKOPIL, Circuit Judge:

This is an appeal from a final decision of the Benefits Review Board ("Board") awarding disability benefits to an injured employee, Arthur McDougall ("McDougall"), and directing that his employer, E.P. Paup Company ("employer"), reimburse the State of Washington ("state") for benefits previously paid under state workers' compensation law. The employer and its federal workers' compensation carrier, Insurance Company of North America ("INA"),...

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