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GILLILAND v. E.J. BARTELLS CO., INC.

No. 00-70585.

270 F.3d 1259 (2001)

Dorelda GILLILAND, Petitioner, v. E.J. BARTELLS CO., INC.; Wausau Brb v. E.J. Bartells Co., Inc.; Wausau Insurance Co.; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2001.

Attorney(s) appearing for the Case

Meagan A. Flynn, Preston, Bunnell & Stone, LLP, Portland, Oregon, for the petitioner.

Dennis R. VavRosky, VavRosky, MacColl, Olson & Pfeifer, P.C., Portland, Oregon; Samuel J. Oshinsky and Andrew D. Auerbauch, United States Department of Labor, Washingon, D.C., for the respondents.

Before: David R. THOMPSON, A. Wallace TASHIMA and Susan P. GRABER, Circuit Judges.

Argued and Submitted September 13, 2001 — Portland, Oregon.

OPINION

GRABER, Circuit Judge:

This appeal requires us to decide how to compute the offset to which an employer owing benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) is entitled under 33 U.S.C. § 933(f) when a claimant receives a third-party tort recovery that includes ongoing, periodic payments funded by an annuity contract. The Director of the Office...

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