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SEA-LAND SERVICE, INC. v. BARRY

No. 94-3026.

41 F.3d 903 (1994)

SEA-LAND SERVICE, INC., Petitioner, v. James BARRY and Director, Office of Workers' Compensation Programs, United States Department of Labor.

United States Court of Appeals, Third Circuit.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Keith L. Flicker (argued), Richard L. Garelick, Flicker, Garelick & Associates, New York City, for petitioner.

James R. Campbell, Eileen K. Campbell, New York City, for James Barry.

Thomas S. Williamson, Jr., Sol. of Labor, Carol A. De Deo, Associate Sol., Joshua T. Gillelan, II (argued), Sr. Atty., Office of the Sol., U.S. Dept. of Labor, Washington, DC, for the Director, OWCP.

Before: MANSMANN, COWEN and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

Sea-Land Service, Inc. seeks review of an order of the United States Department of Labor Benefits Review Board which affirmed the adverse decision of an Administrative Law Judge. The ALJ held that Sea-Land was liable for a twenty percent penalty on an overdue compensation award under § 14(f) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. (1988) (the "Act" or the...

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