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GENERAL CONST. CO. v. CASTRO

No. 03-72528.

401 F.3d 963 (2005)

GENERAL CONSTRUCTION COMPANY; Liberty Northwest Insurance Corp., Petitioners, v. Robert CASTRO; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2005.

Attorney(s) appearing for the Case

Raymond H. Warns, Jr., Holmes Weddle & Barcott, Seattle, WA, for the petitioners.

William D. Hochberg and Nicole A. Hanousek, Law Office of William D. Hochberg, Edmonds, WA, for respondent Robert Castro.

Peter B. Silvain, Jr., Attorney, U.S. Department of Labor, Washington, D.C., for respondent Director, OWCP.

Roger A. Levy, Laughlin, Falbo, Levy & Moresi LLP, San Francisco, CA, for amicus curiae Longshore Claims Association.

Before: NELSON and RAWLINSON, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

General Construction Co. and Liberty Northwest Insurance Corp. (General Construction), with amicus Longshore Claims Association (LCA), petition for review of the determination of the Benefits Review Board (BRB) that claimant Robert Castro is entitled to total disability compensation under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1994) (LHWCA), during his period of participation in a vocational...

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