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EAGLE MARINE SERVICES v. DIRECTOR

No. 95-70189.

115 F.3d 735 (1997)

EAGLE MARINE SERVICES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Alfred B. Wolfskill, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1997.

Attorney(s) appearing for the Case

Robert H. Madden, Madden & Crockett, Seattle, WA, for petitioner.

Samuel J. Oshinsky and Laura J. Stomski, Office of Workers' Compensation Programs, United States Department of Labor, Washington, DC; J. Bradford Doyle, Corte Madera, CA, for respondents.

Before: LAY, BEEZER and TROTT, Circuit Judges.

LAY, Senior Circuit Judge:

Alfred Wolfskill was injured while working as a longshoreman for Eagle Marine Services, Ltd. ("Eagle Marine"). Eagle Marine voluntarily paid Wolfskill workers' compensation benefits from November 13, 1988, through January 13, 1989, a period of almost nine weeks. In calculating the benefits, Eagle Marine used the formula for temporary total disability set forth in § 8(b) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C...

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