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METROPOLITAN STEVEDORE CO. v. RAMBO

No. 94-820.

515 U.S. 291 (1995)

METROPOLITAN STEVEDORE CO. v. RAMBO et al.

United States Supreme Court.

Decided June 12, 1995.

Attorney(s) appearing for the Case

Robert Evans Babcock argued the cause and filed briefs for petitioner.

Jeffrey P. Minear argued the cause for the federal respondent in support of petitioner under this Court's Rule 12.4. With him on the briefs were Solicitor General Days, Deputy Solicitor General Kneedler, Allen H. Feldman, Nathaniel I. Spiller, and Edward D. Sieger.

Thomas J. Pierry argued the cause and filed a brief for respondent Rambo.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 301.

Justice Kennedy, delivered the opinion of the Court.

Section 22 of the Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 44 Stat. 1437, as amended, 33 U. S. C. § 922, allows for modification of a disability award "on the ground of a change in conditions or because of a mistake in a determination of fact." The question in this case is whether a party may seek modification on the ground of "change in conditions...

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