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UNIVERSAL MARITIME SERVICE CORP. v. SPITALIERI

Docket No. 99-4175.

226 F.3d 167 (2000)

UNIVERSAL MARITIME SERVICE CORPORATION, Petitioner, v. Louis SPITALIERI, and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Second Circuit.

Decided September 21, 2000.

Attorney(s) appearing for the Case

Lawrence P. Postol, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., for Petitioner.

Philip J. Rooney Israel, Adler, Ronca & Gucciardo, New York, N.Y., for Respondent Spitalieri.

Andrew D. Auerbach, Attorney Office of the Solicitor, U.S. Department of Labor, Washington, D.C., Henry L. Solano, Solicitor, Carol A. De Deo, Associate Solicitor, Mark Reinhalter, Senior Attorney, for Respondent Director of Workers' Compensation Programs.

Before PARKER and KATZMANN, Circuit Judges, and BRIEANT, District Judge.

BRIEANT, District Judge:

Petitioner Universal Maritime Service Corporation (the "Employer") seeks review of a final order of the Benefits Review Board (the "Board") established under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-50 (the "Act," or "LHWCA"), issued October 7, 1999, which terminated the temporary total disability payments of Respondent employee Louis Spitalieri ("Claimant") but declined to allow the employer a credit...

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