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DELAWARE RIVER STEVEDORES v. DIFIDELTO

No. 04-4531.

440 F.3d 615 (2006)

DELAWARE RIVER STEVEDORES; Liberty Mutual Ins. Co., Petitioners v. Edward DiFIDELTO; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Third Circuit.

Filed March 13, 2006.

Attorney(s) appearing for the Case

John E. Kawczynski (argued), Field, Womack & Kawczynski, South Amboy, NJ, for Petitioners Delaware River Stevedores, Inc. and Liberty Mutual Insurance Company and for Amicus Curiae Weeks Marine, Inc.

David M. Linker (argued), Freedman & Lorry, Philadelphia, PA, for Respondent Edward DiFidelto.

Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Mark A. Reinhalter, Counsel for Longshore, Richard A. Seid (argued), United States Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs.

Before SLOVITER, FISHER, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this court on a petition for review of a disposition of the Benefits Review Board ("Board") awarding benefits to Edward DiFidelto under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950, following his sustaining an injury compensable under the LHWCA. The sole issue in these proceedings is whether Delaware River Stevedores...

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