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United States Second Circuit


Service Employees Int'l., Inc. v. Director, Offc. of Wkrs.' Comp. Program, 08-2515

In a petition for review of an order of the Benefits Review Board of the Department of Labor awarding claimant compensation under the Defense Base Act for temporary total disability and temporary partial disability, the petition is denied where substantial evidence supported the Administrative Law Judge's finding that claimant's pterygia was caused or aggravated by his working conditions in Iraq.

Appellate Information

  • Argued 10/07/2009
  • Decided 02/18/2010
  • Published 02/18/2010

Judges

  • Before MINER, CABRANES, Circuit Judges, and RAKOFF,District Judge.

Court

  • United States Second Circuit

Counsel

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

  • For Appellees:
  • 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.
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