WOOD v. U.S. DEPT. OF LABOR

No. 96-2055.

112 F.3d 592 (1997)

Michael D. WOOD, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Bath Iron Works Corporation, Respondents.

United States Court of Appeals, First Circuit.

Decided May 8, 1997.


Attorney(s) appearing for the Case

Gary A. Gabree, Bath, ME, with whom Stinson, Lupton, Weiss & Gabree, P.A., was on brief, for petitioner.

Richard F. van Antwerp, Portland, ME, with whom Thomas R. Kelly and Robinson, Kriger & McCallum, were on brief, for respondents.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.


BOUDIN, Circuit Judge.

The dispute in this case concerns Michael Wood's claim for partial disability payments from his former employer, Bath Iron Works, Inc. ("Bath"). His benefits were terminated on the ground that Wood had been offered his pre-injury wages and more by Bath in a new capacity at Bath's shipyard in Bath, Maine, but had declined the job offer because he had relocated to another state. The problem posed is obvious; the solution is not.

The underlying...

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