KEENAN v. DIRECTOR FOR BENEFITS REVIEW BD.

No. 03-70442.

392 F.3d 1041 (2004)

KEVIN KEENAN, Petitioner, v. DIRECTOR FOR the BENEFITS REVIEW BOARD; Director, Office of Workers Compensation Programs; U.S. Department of Labor; Eagle Marine Services, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2004.


Attorney(s) appearing for the Case

James M. McAdams, Pierry, Moorhead, McAdams & Shenoi, LLP, Wilmington, CA, for the petitioner.

Cindy Gutierrez (Argued), Daniel F. Valenzuela (On the Briefs), Samuelson, Gonzalez, Valenzuela & Brown, San Pedro, CA, for the respondents.

Before: GOODWIN, FISHER, and TALLMAN, Circuit Judges.


GOODWIN, Circuit Judge.

This appeal presents the following questions: (1) whether petitioner's shoulder impairment should be compensated as a scheduled disability of the arm under 33 U.S.C. § 908(c)(1); (2) in the alternative, whether he is entitled to unscheduled compensation under 33 U.S.C. § 908(c)(21) on the ground that his shoulder injury prevented him from accepting a more lucrative foreman's position; and (3) whether, if neither form of compensation...

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