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SEALAND TERMINALS, INC. v. GASPARIC

No. 521, Docket 93-4103.

7 F.3d 321 (1993)

SEALAND TERMINALS, INC. and Utica Mutual Insurance Company, Petitioners, v. Mario GASPARIC and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided October 21, 1993.

Attorney(s) appearing for the Case

Lawrence P. Postol, Washington, DC (Seyfarth, Shaw, Fairweather & Geraldson, of counsel), for petitioner-employer/Bondholder.

Philip J. Rooney, New York City (Israel, Adler, Rinca & Gucciardo, of counsel), for claimant-respondent.

Marianne Demetral Smith, United States Dept. of Labor, Office of the Sol., Washington, DC (Thomas S. Williamson, Jr., Sol. of Labor, Carol A. De Deo, Associate Sol., Samuel J. Oshinsky, Counsel for Longshore, of counsel), for respondent, Director, Office of Workers' Compensation Programs.

Before: McLAUGHLIN, JACOBS and REAVLEY, Circuit Judges.

PER CURIAM:

Petitioners Sealand Terminals, Inc., and its bondholder, Utica Mutual Insurance Company (collectively "Sealand"), petition for review of the Decision and Order of the Benefits Review Board ("BRB") dated April 8, 1993. The BRB granted relief to claimant-respondent Mario Gasparic, and denied relief to Sealand under section 8(f), 33 U.S.C. § 908(f), of the Longshore and Harbor Workers' Compensation Act. We affirm.

On February 19, 1981, Gasparic...

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