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MARINETTE MARINE CORP. v. OFFICE OF WORKERS COMPENSATION PROGRAMS

No. 04-1933.

431 F.3d 1032 (2005)

MARINETTE MARINE CORPORATION and Signal Mutual Indemnity Association, Petitioners, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, Myron Baumler, and Crum & Forster Managers Corporation of Illinois, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 12, 2005.

Attorney(s) appearing for the Case

Gregory P. Sujack (argued), Garofalo, Schreiber, Hart & Storm, Chicago, IL, for Petitioners.

H. Thomas Lenz (argued), Spector & Lenz, Chicago, IL, Larry J. Peterson (argued), Peterson, Logren & Kilbury, St. Paul, MN, for Respondents.

Before BAUER, POSNER, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

After years of working in the shipbuilding industry, Myron Baumler needed back surgery. The question in this case is which of two workers' compensation carriers should pay for it; the answer depends on whether Baumler injured his back once or twice. An administrative law judge (ALJ) found that a first injury in 1997 was aggravated by a second injury in 2001, so he assigned liability to the carrier at the time of the second injury,...

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