BATH IRON WORKS v. DIRECTOR, OFFICE WORKERS COMP.

No. 00-1208.

244 F.3d 222 (2001)

BATH IRON WORKS CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. Donald E. Hutchins, Intervenor.

United States Court of Appeals, First Circuit.

Decided April 5, 2001.


Attorney(s) appearing for the Case

Stephen Hessert for petitioner.

G. William Higbee, with whom James G. Fongemie was on brief, for intervenor.

Richard F. van Antwerp, with who Thomas R. Kelley was on brief, for Birmingham Fire Insurance Company.

Before SELYA, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.


COFFIN, Senior Circuit Judge.

Donald Hutchins, an employee for Bath Iron Works (BIW), was awarded medical benefits in 1991 because of a work-related injury stemming from exposure to asbestos dust and other pulmonary irritants. Birmingham Fire Insurance Company (Birmingham) was ruled to be the responsible carrier. Four years later, Hutchins sought and obtained full disability benefits. At that time, an Administrative Law Judge (ALJ) found that Hutchins had been exposed...

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