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SESTICH v. LONG BEACH CONTAINER TERMINAL

No. 00-70978.

289 F.3d 1157 (2002)

Michael SESTICH, Petitioner, v. LONG BEACH CONTAINER TERMINAL; Signal Mutual Indemnity Association; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2002.

Attorney(s) appearing for the Case

Robert W. Nizich, San Pedro, CA, for petitioner Michael Sestich.

William N. Brooks, II, Aleccia & Brooks, Long Beach, CA, for respondents Long Beach Container Terminal and Signal Mutual Indemnity Association.

Carol DeDeo and Laura J. Stromski, U.S. Department of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Programs.

Before LEAVY, T.G. NELSON, and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

Michael Sestich appeals the Benefits Review Board's ("Board") decision affirming the Administrative Law Judge's ("ALJ") termination of disability benefits under § 908(c)(21) of the Longshore and Harbor Workers' Compensation Act ("Act"), 33 U.S.C. §§ 901-950. The Act provides compensation payable "in respect of disability" which "results from an injury," 33 U.S.C. § 903(a), and provides benefits...

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