ALEXANDER v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 00-70762.

273 F.3d 1267 (2001)

Domingo ALEXANDER, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Triple A Machine Shop, Inc., Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2001.


Attorney(s) appearing for the Case

Brice Anderson, Brentwood, California, and Victoria Edises, Oakland, California, for the petitioner.

Joshua T. Gillelan, Washington, D.C., United States Department of Labor, for respondent Director, OWCP.

Robert E. Babcock, Sherwood, Oregon, for respondent Triple A Machine Shop.

Before: NOONAN, HAWKINS, and TASHIMA, Circuit Judges.


NOONAN, Circuit Judge:

Domingo Alexander petitions for review of a decision of the Benefits Review Board (the BRB) of the Department of Labor. The question presented is whether settlements he made with others of his employers should be credited against the amount owed by the last responsible employer, Triple A Machine Shop (Triple A). Holding that denial of the credit is compelled by 33 U.S.C. § 903(e) of the Longshore and Harbor Workers' Compensation Act (the...

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