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STEVEDORING SERVICES OF AMERICA v. DIRECTOR, OWCA

Nos. 01-70354, 01-70361.

297 F.3d 797 (2002)

STEVEDORING SERVICES OF AMERICA; Eagle Pacific Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Container Stevedoring Company, Respondents. U.S. Department of Labor, Petitioner, v. Clarici Benjamin, as Administratrix of the Estate of James Benjamin; Container Stevedoring Company; Eagle Pacific Insurance Company, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2002.

Attorney(s) appearing for the Case

Roger A. Levy and Mia C. Perachiotti-Germack, Laughlin, Falbo, Levy & Moresi, San Francisco, CA, for Stevedoring Services of America and Eagle Pacific Insurance Company.

Andrew D. Auerbach and Joshua T. Gillelan II, Office of the Solicitor of Labor, Washington, DC, for the Director, Office of Workers' Compensation Programs.

Frank B. Hugg, San Francisco, CA, for Container Stevedoring Company.

Before: HUG and BERZON, Circuit Judges and LASNIK, District Judge.

LASNIK, District Judge.

Stevedoring Services of America ("SSA") and Eagle Pacific Insurance Co. petition for review of a decision of the United States Department of Labor Benefits Review Board ("BRB" or the "Board"). The decision awarded permanent partial disability benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. ("LHWCA" or the "Act") to James Benjamin ("Benjamin") for a 34 percent hearing loss sustained during...

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