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KELLER FOUNDATION/CASE FOUNDATION v. TRACY

Nos. 11-71703, 11-71800.

696 F.3d 835 (2012)

KELLER FOUNDATION/CASE FOUNDATION; ACE USA/ESIS, Petitioners, v. Joseph TRACY; Global International Offshore Ltd.; Liberty Mutual Insurance Company; Director, Office of Workers' Compensation Programs; U.S. Department of Labor, Respondents. Joseph Tracy, Jr., Petitioner, v. Director, Office of Workers' Compensation Programs; U.S. Department of Labor; Global International Offshore Ltd.; Liberty Mutual Insurance Co.; Keller Foundation, Inc./Case Foundation Co.; ACE USA/ESIS, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2012.

Attorney(s) appearing for the Case

Joshua T. Gillelan II (argued), Longshore Claimants' National Law Center, Washington, DC; Eric A. Dupree , Dupree Law, APLC, Coronado, California, for petitioner-appellant Joseph Tracy.

Robert E. Babcock (argued), Holmes Weddle & Barcott, P.C., Lake Oswego, Oregon, for petitioners-appellants Keller Foundation/Case Foundation and ACE USA/ESIS.

James P. Aleccia (argued), Aleccia, Socha & Mitani, Long Beach, California, for respondents-appellees Global International Offshore Ltd. and Liberty Mutual Insurance Company.

Jonathan P. Rolfe (argued), M. Patricia Smith , Rae Ellen James , Mark A. Reinhalter , Sean Bajkowski , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for respondent-appellee Director, Office of Workers' Compensation Programs.

Before: A. WALLACE TASHIMA, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Joseph Tracy appeals the Benefits Review Board's determination that injuries he incurred in part during his employment by Global International Offshore Ltd. from 1998 to 2002 were not covered under the Longshore and Harbor Workers' Compensation Act (referred to as LHWCA, or the Act).1 Because we hold that no portion of Tracy's employment during this period

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