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McGRAY CONST. v. DIRECTOR, OFFICE OF WORKERS COMP.

No. 96-70041.

112 F.3d 1025 (1997)

McGRAY CONSTRUCTION COMPANY; Beaver Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Harry Hurston, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1997.

Attorney(s) appearing for the Case

Roger A. Levy, Laughlin, Falbo, Levy & Moresi, San Francisco, California, for petitioners.

Joshua Gillelan, Office of Workers Compensation, Washington, D.C., and John R. Hillsman, McGuinn, Hillsman & Palefsky, San Francisco, California, for respondents.

Before: HUG, Chief Judge; THOMPSON and KLEINFELD, Circuit Judges.

Opinion by Judge THOMPSON; Dissent by Judge KLEINFELD.

DAVID R. THOMPSON, Circuit Judge:

Harry Hurston was injured while working as a pile driver on a pier built and used exclusively for processing oil. McGray Construction Co. ("McGray"), Hurston's employer at the time, petitions for review of the Benefits Review Board decision and order granting Hurston benefits under the Longshoremen's and Harbor Workers' Compensation Act ("LHWCA"), 44 Stat. 1424, as amended...

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