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SERVICE EMPLOYEES INTERN., INC. v. DIRECTOR, OWCP

Docket No. 08-2515-ag.

595 F.3d 447 (2010)

SERVICE EMPLOYEES INTERNATIONAL, INC., Insurance Company of the State of Pennsylvania, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAM, Respondent, Jesse Barrios, Claimant-Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 18, 2010.

Attorney(s) appearing for the Case

Jerry R. McKenney, Legge, Farrow, Kimmitt, McGrath & Brown, L.L.P., Houston, TX, for Petitioner.

Barry H. Joyner, Attorney, Gregory F. Jacob, Solicitor of Labor, Rae Ellen Frank James, Acting Associate Solicitor, Mark A. Reinhalter, Counsel for Longshore, Matthew W. Boyle, Attorney, United States Department of Labor, Washington, DC, for Respondent.

Dale W. Pedersen, Colorado Springs, CO, for Claimant-Respondent.

Judge CABRANES dissents in a separate opinion.

MINER, Circuit Judge:

Petitioners Service Employees International, Inc. and its insurer, Insurance Company of the State of Pennsylvania (together, the "Employer"), seek review of a Final Order of the Benefits Review Board (the "Board"), an entity established within the office of respondent Director, Office of Workers' Compensation Programs, United States Department of Labor. In the petition for review, the Employer challenges the award of compensation to claimant...

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