RAINEY v. DIR., OFFICE OF WORKERS' COMPENSATION

No. 07-0434-ag.

517 F.3d 632 (2008)

Lorraine G. RAINEY, Executor of the Estate of Leo T. Rainey, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION, U.S. Department of Labor, and Electric Boat Corporation, Respondents.

United States Court of Appeals, Second Circuit.

Decided: February 28, 2008.


Attorney(s) appearing for the Case

Carolyn P. Kelly (Amy M. Stone, of counsel), O'Brien, Shafner, Stuart, Kelly & Morris, P.C., Groton, CT, for Petitioner.

Kevin C. Glavin, Cutcliffe Glavin & Archetto, Providence, RI (on behalf of Electric Boat Corporation), Kathleen Kim, Division of Black Lung and Longshore Legal Services, Office of the Solicitor, U.S. Department of Labor, Washington, DC, for Respondents.

Before: CALABRESI, KATZMANN, and RAGGI, Circuit Judges.


KATZMANN, Circuit Judge:

The Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., creates a presumption of causation: covered workers who suffer a harm that workplace conditions could have caused, aggravated, or accelerated benefit from § 920(a), which presumes, in the absence of substantial evidence to the contrary, that their claims for compensation fall within the regulatory scheme created by the LHWCA. 33 U.S.C. §...

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