AMERICAN GRAIN TRIMMERS v. OFFICE OF WORKERS' COMP.

No. 97-3080.

181 F.3d 810 (1999)

AMERICAN GRAIN TRIMMERS, INC., and Frank Gates-Acclaim, Petitioners, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, and Marian Janich, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 1999.


Attorney(s) appearing for the Case

Gregory P. Sujack (argued), Garofalo, Schreiber & Hart, Chicago, IL, for Petitioner.

Robert T. Newman (argued), O'Connor, Schiff & Myers, Chicago, IL, Shelby Hallmark, Dept. of Labor, Office of Workers' Compensation, Washington, DC, Carol A. De Deo (argued), Dept. of Labor, Washington, DC, for Respondent.

Thomas O. Shepard, Jr., Department of Labor, Washington, DC, for Party-in-Interest Benefits Review Bd.

Before POSNER, Chief Judge, and BAUER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, and EVANS, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Like a number of other federal statutes, the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., establishes a compensation scheme for workers who suffer injury or death on the job. In order to facilitate the initial task of a claimant under the Act, there is a statutory presumption of coverage that is triggered if certain basic facts can be established. This case concerns the next step in the...

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