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KOLLIAS v. D & G MARINE MAINTENANCE

Nos. 567, 741, Dockets 89-4114, 92-4109.

29 F.3d 67 (1994)

Spyridon KOLLIAS, Petitioner, v. D & G MARINE MAINTENANCE, State Insurance Fund, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. B & A MARINE CO. and State Insurance Fund, Petitioners, v. Eleftherios GOUVATSOS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided July 6, 1994.

Attorney(s) appearing for the Case

Bernard Rolnick, New York City (Jane R. Goldberg, Philadelphia, PA, of counsel), for Spyridon Kollias.

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

Richard A. Cooper, New York City (Amy Levitt, Martin Krutzel, Fischer Brothers, Bernard Rolnick, New York City, Jane R. Goldberg, Philadelphia, PA, of counsel), for D & G Marine Maintenance, State Ins. Fund and B & A Marine Co.

Before: MESKILL, PIERCE and MAHONEY, Circuit Judges.

MESKILL, Circuit Judge:

These petitions for review require us to determine whether the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950, applies to injuries sustained on the high seas. In Docket No. 89-4114 (Kollias case), petitioner Spyridon Kollias petitions for review of a final order of the Benefits Review Board (Board) denying his claim for LHWCA benefits. The Board based its denial of benefits on the ground that Kollias...

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