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BARKER v. U.S. DEPT. OF LABOR

No. 97-1450.

138 F.3d 431 (1998)

James W. BARKER, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided March 11, 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.

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

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

SELYA, Circuit Judge.

After sustaining an injury in the course of his employment as a mechanic for respondent Bath Iron Works Corporation and receiving temporary disability benefits, petitioner James W. Barker filed a claim for a supplemental scheduled award under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1986) (LHWCA or the Act). An Administrative Law Judge (ALJ) concluded that the asserted disability resulted from an unscheduled...

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