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BUNDENS v. J.E. BRENNEMAN CO.

Nos. 94-3163 and 94-3175.

46 F.3d 292 (1995)

Barbara J. BUNDENS, (widow of Howard E. Bundens), Petitioner (No. 94-3163) v. J.E. BRENNEMAN COMPANY; Travelers Insurance Company; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. J.E. BRENNEMAN COMPANY and Travelers Insurance Company, Petitioners (No. 94-3175) v. Barbara J. BUNDENS (widow of Howard E. Bundens) and Director, Office of Workers' Compensation Programs, United States Department of Labor; Benefits Review Board, Respondents.

United States Court of Appeals, Third Circuit.

Decided January 26, 1995.

As Amended February 9, 1995.

Attorney(s) appearing for the Case

Morris M. Shuster (argued), Chimicles, Jacobsen & Tikellis, Haverford, PA, for Barbara J. Bundens Widow of Howard E. Bundens petitioner in No. 94-3163 respondent in No. 94-3175.

Gabriel D. Cieri (argued), Krusen, Evans & Byrne, Philadelphia, PA, for J.E. Brenneman Co. petitioner in No. 94-3175 respondent in No. 94-3163, and Travelers Ins. Co., petitioner in No. 94-3175 respondent in No. 94-3163.

Allen H. Feldman, Deborah Greenfield (argued), Joshua T. Gillelan, II, Nathaniel I. Spiller, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor respondent in Nos. 94-3163 and 94-3175.

BEFORE: BECKER and COWEN, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

Claimants are the widow and son of a deceased diver and dockbuilder. They appeal the decision of the United States Department of Labor, Benefits Review Board ("Board"), which held that the decedent's employer was not required to pay benefits under the Longshore Harbor Workers Compensation Act, 33 U.S.C. § 901, et seq., ("LHWCA") due to statutory exemption and credit provisions which applied as a result...

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