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ALBINA ENGINE & MACHINE v. DIRECTOR, OWCP

No. 09-70592.

627 F.3d 1293 (2010)

ALBINA ENGINE & MACHINE; Fireman's Fund Insurance Co., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Benefits Review Board; Karen McAllister, Widow of James R. McAllister; Lockheed Shipbuilding and Wausau Insurance Company; Willamette Iron & Steel Co.; SAIF Corporation, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2010.

Attorney(s) appearing for the Case

Dennis R. VavRosky , VavRosky MacColl , Portland, OR, for the petitioners.

Russell A. Metz , Metz & Associates, Seattle, WA, for respondents Lockheed and Wausau Insurance Co.

Norman Cole , Sather, Byerly & Holloway, Portland, OR, for respondent Willamette Iron & Steel Co.

Barry H. Joyner , U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for the Director.

Before: A. WALLACE TASHIMA, RICHARD A. PAEZ, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Albina Engine & Machine ("Albina") petitions for review of a decision of the Benefits Review Board (the "Board") upholding the Administrative Law Judge's ("ALJ") ruling that Albina is liable for payment of death benefits to Karen McAllister ("Claimant") under the Longshore and Harbor Workers' Compensation Act (the "LHWCA"), 33 U.S.C. § 901 et seq. Claimant is the widow of James McAllister ("Decedent"), who...

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