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CUNNINGHAM v. DIRECTOR

No. 03-1980.

377 F.3d 98 (2004)

Damon R. CUNNINGHAM, Jr., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Bath Iron Works, Respondents.

United States Court of Appeals, First Circuit.

Decided August 3, 2004.

Attorney(s) appearing for the Case

Marcia J. Cleveland, for petitioner.

Barry H. Joyner, Attorney for the Director, with whom Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, and Mark A. Reinhalter, Counsel for Longshore, were on brief for the Director, Office of Workers' Compensation Programs.

Stephen Hessert, with whom Doris V.R. Champagne and Norman, Hanson & Detroy, LLC, were on brief for Bath Iron Works.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

COFFIN, Senior Circuit Judge.

Petitioner Damon E. Cunningham, Jr. has been a pipe fitter for Bath Iron Works in Bath, Maine, for more than 25 years, and since 1998 has worked at the company's East Brunswick Manufacturing Facility ("EBMF"). At the EBMF, which is approximately 3.5 to 4 miles from BIW's main shipyard in Bath, workers prefabricate pipe units that are transported by truck and installed in ships at Bath. Cunningham injured his back at EBMF in October 1999...

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