NEELY v. BENEFITS REVIEW BD.

No. 96-2299.

139 F.3d 276 (1998)

Martin J. NEELY, Petitioner, v. BENEFITS REVIEW BOARD, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided March 24, 1998.


Attorney(s) appearing for the Case

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

Joshua T. Gillelan II, Senior Attorney, Division of Employee Benefits, Washington, DC, with whom J. Davitt McAteer, Acting Solicitor of Labor, and Carol A. De Deo, Associate Solicitor, Washington, DC, were on brief, for respondent Director, Office of Workers' Compensation.

Stephen Hessert, with whom Norman, Hanson & DeTroy, Portland, ME, was on brief for respondent Bath Iron Works Corporation.

Before BOUDIN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and POLLAK, Senior District Judge.


BOUDIN, Circuit Judge.

Martin Neely suffered a back injury while employed by Bath Iron Works ("Bath") and sought compensation under the Longshore and Harborworkers' Compensation Act, 33 U.S.C. § 901 et seq. ("The Longshore Act" or the "Act"). Compensation was denied on the ground that Bath had voluntarily paid in full for Neely's temporary disability and for all outstanding medical expenses. Neely, supported by the Secretary of Labor, seeks review in this...

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