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MATSON TERMINALS, INC. v. BERG

No. 00-71391.

279 F.3d 694 (2002)

MATSON TERMINALS, INC., Employer; Commercial Insurance Service, Third Party Administrator, Petitioners, v. Werner BERG; Director, Office of Workers Compensation Programs; U.S. Department of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2002.

Attorney(s) appearing for the Case

William N. Brooks, II, Aleccia & Brooks, Long Beach, CA, for petitioner Matson Terminals, Inc.

Judith E. Kramer, Carol A. De Deo, Samuel J. Oshinsky, Laura J. Stomski, U.S. Department of Labor, Office of the Solicitor, for respondent Director, Office of Workers' Compensation Programs.

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

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

In 1990, during the course of his employment with Matson Terminals, Inc., Werner Berg injured his knees in an industrial accident. He underwent arthroscopic surgery on both knees and received a worker's compensation award of $19,025.86 from Matson. In 1996, still employed by Matson, Berg again sustained work-related injuries to both knees.

An Administrative Law Judge (ALJ) awarded Berg disability benefits...

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