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BATH IRON WORKS v. DIR., OFFICE OF WORKERS' COMP.

No. 96-2179.

136 F.3d 34 (1998)

BATH IRON WORKS CORPORATION and Liberty Mutual Insurance Co., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, First Circuit.

Decided February 12, 1998.

Attorney(s) appearing for the Case

Kevin M. Gillis, Portland, ME, with whom Troubh, Heisler & Piampiano, P.A. were on brief, for petitioners.

LuAnn B. Kressley, Washington, DC, with whom J. Davitt McAteer, Acting Solicitor of Labor, Carol A. De Deo, Associate Solicitor for Employee Benefits, and Janet R. Dunlop, Counsel for Longshore, were on brief, for respondent.

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

BOWNES, Senior Circuit Judge.

The Longshore and Harbor Workers' Compensation Act ("LHWCA" or "Act"), 33 U.S.C.A. §§ 901-950 (West Supp.1997), requires employers to pay compensation to certain maritime workers for disabling injuries resulting from their employment. An exception from total liability is provided to employers under § 8(f) of the LHWCA when the employer proves, among other things, that a permanent partial disability existed prior to the...

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