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United States Ninth Circuit


METRO. STEVEDORE CO. v. CRESENT WHARF & WAREHOUSE CO., 01-71505

Appellant was the employer liable for compensation benefits to a Longshore and Harbor Workers' Compensation Act ("LHWCA") claimant, under the "two-injury variant" of the LHWCA's "last responsible employer" rule.

Appellate Information

  • Argued 02/03/2003
  • Decided 08/13/2003
  • Published 08/13/2003

Judges

  • SHAPIRO, District Judge., Before KLEINFELD and McKEOWN, Circuit Judges, and SHAPIRO, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Robert E. Babcock, Sherwood, OR, for the petitioner.

  • For Appellees:
  • Gary M. Spero (briefed), State Compensation Insurance Fund, Santa Ana, CA, for respondents Pasha Maritime Services, Marine Terminals Corporation and State Compensation Insurance Fund., Christopher M. Galichon, Dupree Galichon, plc, San Diego, CA, for respondent Crescent Wharf & Warehouse., Norman Cole, SAIF Corporation, Salem, OR, for respondents Crescent City Marine Ways & SAIF Corporation., Whitney R. Given, U.S. Department of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Programs.
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