McGRAY CONST. CO. v. DIRECTOR, OWCP

No. 96-70041.

181 F.3d 1008 (1999)

McGRAY CONSTRUCTION COMPANY; Beaver Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; HARRY HURSTON, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 1997.

Opinion withdrawn, September 3, 1997.

Reargued and Resubmitted June 1, 1999.

Filed June 22, 1999.


Attorney(s) appearing for the Case

Roger A. Levy, Laughlin, Falbo, Levy & Moresi, San Francisco, California, for the petitioners.

John R. Hillsman, McGuinn, Hillsman & Palefsky, San Francisco, California, for respondent Harry Hurston.

Laura J. Stomski (briefed), Attorney, Joshua T. Gillelan II (argued), United States Department of Labor, Office of Workers' Compensation Programs, Washington, D.C., for the respondent.

Before: HUG, Chief Judge; THOMPSON and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

The main issue in this case is whether a person who has mostly done maritime work in the past, but takes a nonmaritime job, gets compensated for workplace injury under the workers' compensation system or the Longshore and Harbor Workers' Compensation Act.1

We previously issued an opinion in this case2, but withdrew it3 after the Supreme Court overruled...

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