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RIZZI v. UNDERWATER CONST. CORP.

No. 95-3034.

84 F.3d 199 (1996)

Dale R. RIZZI, Petitioner, v. UNDERWATER CONSTRUCTION CORPORATION, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

David A. Kelly (argued and briefed), Montstream & May, Glastonbury, CT, for Rizzi.

Scott Wilson Williams (argued and briefed), Maher & Williams, Fairfield, CT, for Underwater Const. Corp., Liberty Mut. Ins. Co.

Michael S. Hertzig, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before: MERRITT, Chief Judge; CONTIE and BOGGS, Circuit Judges.

MERRITT, Chief Judge.

This case raises the question whether a reservoir fed by a navigable waterway is itself part of the waterway under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950. Claimant, Mr. Rizzi, appeals the Benefits Review Board's reversal of the Administrative Law Judge's grant of benefits under the Act. He is an underwater diver who was on assignment in Ohio as an employee of the Underwater Construction Corporation...

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