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CRETAN v. BETHLEHEM STEEL CORP.

Nos. 90-70589, 90-70634.

1 F.3d 843 (1993)

Renate CRETAN, Widow of John Cretan; Nicole Cretan, Daughter of John Cretan, Petitioners-Cross-Respondents, v. BETHLEHEM STEEL CORPORATION, Respondent-Cross-Petitioner, and Director, Office of Workers Compensation Programs, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1993.

Attorney(s) appearing for the Case

Victoria Edises, Kazan, McClain, Edises & Simon, Oakland, CA, for petitioners-cross-respondents.

Joshua T. Gillelan, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for the respondent; Bill Parrish, San Francisco, CA, Robert E. Babcock, Littler, Mendelson, Fastiff & Tichy, Portland, OR, for respondent-cross-petitioner.

Before: BROWNING, CHOY, and CANBY, Circuit Judges.

CANBY, Circuit Judge.

We have before us a survivors' petition and an employer's cross-petition for review of a Benefits Review Board decision and order that resolved the survivors' claim for disability compensation and death benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. We have jurisdiction under 33 U.S.C. § 921(c). We affirm in part and reverse in part.

BACKGROUND

In 1942 and 1943...

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