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C & C MARINE MAINTENANCE CO. v. BELLOWS

No. 07-1867.

538 F.3d 293 (2008)

C & C MARINE MAINTENANCE COMPANY, Petitioner v. Roger BELLOWS; Director, Office of Workers' Compensation Programs, United States Department of Labor; Benefits Review Board, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Filed August 6, 2008.

Attorney(s) appearing for the Case

Leonard Fornella, Babst, Calland, Clements & Zomnir, Pittsburgh, PA, Attorney for C & C Marine Maintenance Company.

Jonathan L. Snare, Allen H. Feldman, Mark A. Reinhalter, Peter B. Silvain, Jr., United States Department of Labor, Office of the Solicitor, Washington, DC, Attorneys for Director, Office of Workers' Compensation Programs.

Robert J. Taylor, Taylor, Hladio & Alsko, Ambridge, PA, Attorney for Roger Bellows.

Before: FISHER and JORDAN, Circuit Judges, and YOHN, District Judge.

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal arises out of the Benefits Review Board's ("BRB") decision to affirm an Administrative Law Judge's ("ALJ") order that C & C Marine Maintenance Company ("C & C Marine") must pay Roger Bellows permanent disability benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950. For the reasons that follow, we will affirm the order of the BRB.

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