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BATH IRON WORKS CORP. v. PRESTON

No. 03-2530.

380 F.3d 597 (2004)

BATH IRON WORKS CORPORATION, Petitioner, v. Michael PRESTON and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, First Circuit.

Decided August 30, 2004.

Attorney(s) appearing for the Case

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

Marcia J. Cleveland for respondents.

Before BOUDIN, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Michael Preston filed a worker's compensation claim against his employer, Bath Iron Works (BIW), alleging that harassment in the workplace aggravated the symptoms of his previously existing neurological condition. After the Administrative Law Judge (ALJ) denied benefits, Preston appealed to the Benefits Review Board (the Board). In vacating the ALJ's decision, the Board ruled that the ALJ had not determined whether the stress and harassment claimed...

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