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HEALY TIBBITTS BUILDERS v. WORKERS' COMP.

No. 04-70575.

444 F.3d 1095 (2006)

HEALY TIBBITTS BUILDERS, INC.; John M. Mannering, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Darlette Maumau (Widow of Finefeuiaki Maumau); Shelly Dagget (Mother of Salesi and Maika Maumau); Hawaii Employers' Mutual Insurance Company, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2006.

Attorney(s) appearing for the Case

Paul A. Schraff, Dwyer Schraff Meyer Jossem & Bushnell, Honolulu, HI; and Christopher J. Field, Field Womack & Kawczynski, LLC, South Amboy, NJ, for the petitioners.

Howard M. Radzely, Solicitor of Labor; Donald S. Shire, Associate Solicitor; Mark A. Reinhalter, Counsel for Longshore; and Barry H. Joyner, U.S. Department of Labor Office of the Solicitor, Washington, DC; and Preston Easley, San Pedro, CA, for the respondents.

Before HALL, SILVERMAN, and GRABER, Circuit Judges.

SILVERMAN, Circuit Judge.

The Longshore and Harbor Workers' Compensation Act does not cover "all those who breathe salt air," but neither is it limited to Popeye. The decedent in this case was killed near the water's edge while excavating a utility line trench, a job that was part of a project to renovate three submarine berths at Pearl Harbor. We hold today that the Benefits Review Board reasonably concluded that the decedent was a "harbor worker" covered by the...

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