ALCALA v. DIRECTOR, OFFICE OF WORKERS COMPENSATION

No. 96-70794.

141 F.3d 942 (1998)

Jose ALCALA, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Pan Pacific Fisheries; State Compensation Insurance Fund, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1998.


Attorney(s) appearing for the Case

Preston Easley, Law Offices of Preston Easley, San Pedro, California, for appellant-petitioner.

Gary M. Spero, Cerritos, California, for appellees-respondents Pan Pacific Fisheries and State Compensation Insurance Fund.

Before: WALLACE, TROTT, and HAWKINS, Circuit Judges.


TROTT, Circuit Judge:

OVERVIEW

An Administrative Law Judge denied Appellant's request for benefits pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-50 (1994), because he found Appellant to be an excluded "aquaculture worker." See 33 U.S.C. § 902(3)(E). The Benefits Review Board (Board) automatically affirmed the ALJ's decision.

Appellant's job duties as a freezer forklift operator fall...

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