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MOREHEAD MARINE SERVICES, INC. v. WASHNOCK

No. 96-4188.

135 F.3d 366 (1998)

MOREHEAD MARINE SERVICES, INC.; CNA Insurance Companies, Petitioners, v. Vernon E. WASHNOCK; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1998.

Attorney(s) appearing for the Case

Todd M. Powers (argued and briefed), Schroeder, Maundrell, Barbiere & Powers, Cincinnati, OH, for Petitioners.

Steven C. Schletker (argued and briefed), Schletker, Hornbeck & Moore, Covington, KY, for Vernon E. Washnock.

Carol A. DeDeo, Michael S. Hertzig (argued and briefed), U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Department of Labor.

Before: SUHRHEINRICH and MOORE, Circuit Judges; BELL, District Judge.

MOORE, Circuit Judge.

OPINION

Petitioners, Morehead Marine Services, Inc. and CNA Insurance Companies, seek review of the Benefits Review Board's affirmance of a decision and order by an administrative law ("ALJ") on four grounds. First, petitioners contend that the ALJ erred when he ordered petitioners to pay permanent total disability payments pursuant to the Long-shore and Harbor Workers' Compensation Act ("LHWCA") to the claimant, Vernon Washnock, because...

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