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KEALOHA v. DIRECTOR, OFFICE OF WORKERS

No. 11-71194.

713 F.3d 521 (2013)

William B. KEALOHA, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; U.S. Department of Labor; Leeward Marine; Hawai`i Employers' Mutual Insurance Co., Respondents.

United States Court of Appeals, Ninth Circuit.

Filed April 9, 2013.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II (argued), Longshore Claimants' National Law Center, Washington, D.C.; Jay L. Friedheim , Honolulu, HI, for Petitioner.

Thomas C. Fitzhugh III (argued) and Nicholas W. Earles , Fitzhugh & Elliott, P.C., Houston, TX, for Respondents Leeward Marine, Inc. and Hawai`i Employers' Mutual Insurance Co.

Before: STEPHEN REINHARDT, SIDNEY R. THOMAS, and RICHARD A. PAEZ, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider the circumstances under which a suicide may be compensable under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950. We hold that evidence that a claimant planned his suicide does not necessarily preclude compensation under the Act because the proper inquiry is whether the claimant's work-related injury caused him to attempt...

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