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FLEISCHMANN v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 1401, Docket 96-4146.

137 F.3d 131 (1998)

Theodore FLEISCHMANN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Seahorse Coastal Assistance & Towing and State Insurance Fund, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 23, 1998.

Attorney(s) appearing for the Case

Jacob Shisha, New York City (Ralph J. Mellusi, Stephen B. Roberts, Tabak & Mellusi, of counsel), for Theodore Fleischmann.

Joshua Gillelan, Washington, DC (J. Davitt McAteer, Acting Solicitor of Labor, Department of Labor, Washington, DC, Carol A. De Deo, Associate Solicitor, Samuel J. Oshinsky, Counsel for Longshore, Laura J. Stomski, Attorney, of counsel), for Director, Office of Workers' Compensation Programs.

Richard A. Cooper, New York City (Elissa B. Landa, Fischer Brothers), for Seahorse Coastal Assistance & Towing and State Insurance Fund.

Before OAKES and KEARSE, Circuit Judges, and MURTHA, Chief District Judge.

OAKES, Senior Circuit Judge:

Appellant Theodore Fleischmann appeals the judgment entered October 4, 1994, by G. Marvin Bober, Associate Chief Administrative Law Judge ("ALJ Bober"), denying his application for benefits. Fleischmann was injured while repairing a washed-out bulkhead in a canal. ALJ Bober held that Fleischmann was not entitled to coverage under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (1994)...

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