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PENNSYLVANIA TIDEWATER DOCK CO. v. DIRECTOR, OWCP

No. 98-6325.

202 F.3d 656 (2000)

PENNSYLVANIA TIDEWATER DOCK COMPANY, Petitioner v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; and Otis Lewis, Respondents

United States Court of Appeals, Third Circuit.

Opinion Filed: January 28, 2000.

Attorney(s) appearing for the Case

MICHAEL D. SCHAFF, Esq. (Argued), Naulty, Scaricamazza & McDevitt, Ltd., Philadelphia, PA, Counsel for Petitioner.

HENRY L. SOLANO, Solicitor of Labor, CAROL A. DE DEO, Associate Solicitor, JOSHUA T. GILLELAN II, Senior Attorney, ANDREW D. AUERBACH (Argued), Staff Attorney, U.S. Department of Labor, Washington, D.C., Counsel for Respondents.

Before: NYGAARD, ALITO, and ROSENN, Circuit Judges

OPINION OF THE COURT

ALITO, Circuit Judge:

Pennsylvania Tidewater Corporation ("Tidewater") petitions for review of a final order of the Benefits Review Board (the "Board") reversing an administrative law judge's ("ALJ") award of special-fund relief from workers' compensation liability under § 8(f) of the Longshore and Harbor Workers' Compensation Act (the "LHWCA"). 33 U.S.C. § 908(f) (1994). Tidewater makes two claims. It claims first that the...

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