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M. CUTTER CO., INC. v. CARROLL

No. 04-73937.

458 F.3d 991 (2006)

M. CUTTER COMPANY, INC., and Liberty Northwest Insurance Company, Petitioners, v. Larry G. CARROLL and Director, Office of Workers' Compensation Programs, The United States Department of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2006.

Attorney(s) appearing for the Case

John R. Dudrey, Williams Fredrickson, LLC, Portland, OR, for the petitioners.

Meagan A. Flynn, Preston Bunnell & Flynn, LLP, Portland, OR; Matthew W. Boyle, Appellate Attorney, U.S. Department of Labor, Washington, DC, for the respondents.

Before ALFRED T. GOODWIN, A. WALLACE TASHIMA, and SUSAN P. GRABER, Circuit Judges.

GRABER, Circuit Judge.

Claimant Larry G. Carroll sustained a disabling injury while working for Employer M. Cutter Company, Inc. Employer seeks review of the en banc decision of the Benefits Review Board ("Board") holding it liable for 24-hour attendant care for Claimant under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950. We deny the petition.

On December 4, 1998, in the course of his employment with Employer...

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