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DIRECTOR, O.W.C.P. v. BATH IRON WORKS CORP.

No. 96-2162.

129 F.3d 45 (1997)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BATH IRON WORKS CORPORATION, Commercial Union Insurance Company and Liberty Mutual Insurance Company, Respondents.

United States Court of Appeals, First Circuit.

Decided November 6, 1997.

Attorney(s) appearing for the Case

Michael S. Hertzig, Attorney, United States Department of Labor, Washington, DC, with whom J. Davitt McAteer, Acting Solicitor of Labor, Carol A. De Deo, Associate Solicitor, and Janet R. Dunlop, Counsel for Longshore, were on brief, for petitioner.

Kevin M. Gillis, Portland, ME, for respondents.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

COFFIN, Senior Circuit Judge.

This case comes before us on a petition for review of a provision of a final order of the Benefits Review Board ("Board") that awarded Bath Iron Works ("BIW") Section 8(f) relief under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1988) ("LHWCA"). Section 8(f) of the LHWCA provides that an employer obliged to pay disability benefits to an employee may be relieved from full liability if the employee...

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