BATH IRON WORKS v. BROWN

No. 98-2010.

194 F.3d 1 (1999)

BATH IRON WORKS, et al., Petitioners, v. Harold J. BROWN, Jr., et al., Respondents.

United States Court of Appeals, First Circuit.

Decided October 8, 1999.


Attorney(s) appearing for the Case

Kevin M. Gillis, with whom Troubh, Heisler & Piampiano, P.A. was on brief, for petitioners.

G. William Higbee, with whom McTeague, Higbee, MacAdam, Case, Cohen & Whitney, PA was on brief, for respondent Harold J. Brown.

Stephen Hessert, with whom Norman, Hanson & DeTroy was on brief, for respondent Liberty Mutual Insurance Company.

Laura J. Stomski, with whom Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor for Employee Benefits, and Samuel J. Oshinsky, Counsel for Longshore, were on brief, for respondent Director, Office of Workers' Compensation Programs, U.S. Department of Labor.

Before STAHL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

Harold J. Brown, Jr., now nearly 78 years old, worked at shipbuilding facilities owned by the Bath Iron Works (BIW) for 43 years, from 1941 to 1984. Until 1978 he worked at the BIW shipyard in Bath, Maine, a facility covered by the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. From 1978 to 1984, he worked at BIW's Hardings plant, a facility the Benefits Review Board (BRB) determined was not covered by the...

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