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MARINE POWER & EQUIPMENT v. DEPARTMENT OF LABOR

No. 98-70049.

203 F.3d 664 (2000)

MARINE POWER & EQUIPMENT; Industrial Indemnity Company, Petitioners, v. DEPARTMENT OF LABOR; Benefits Review Board; Johnny Quan, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2000.

Attorney(s) appearing for the Case

Russell A. Metz (argued), Metz & Associates, Seattle, Washington, for the petitioners.

Marvin Krislov, Carol A. De Deo, Janet R. Dunlop, Laura J. Stomski, Kristin Dadey (argued), United States Department of Labor, Washington, D.C., for the respondents.

Before: CANBY, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an employer is eligible for second-injury reduction in liability for benefits payable for a worker's permanent partial disability that may be substantially and materially greater as a result of his preexisting medical condition.

I

Marine Power & Equipment and Industrial Indemnity Company ("Marine Power") hired Johnny Quan in 1978 as a ship scaler, and on June 7, 1983, he injured his right shoulder...

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