United States Ninth Circuit
Healy Tibbits Builders, Inc. v. Dir., Office of Workers' Compensation Programs, 04-70575
A petition for review an award of benefits under the Longshore and Harbor Workers' Compensation Act to an employee's spouse and children following his death on the job is denied where the Benefits Review Board reasonably concluded that decedent was a "harbor worker" covered by the Act even though his specific job was not uniquely maritime in nature.
Appellate Information
- Argued 02/15/2006
- Decided 04/14/2006
- Published 04/14/2006
Judges
- SILVERMAN, Circuit Judge., Before HALL, SILVERMAN, and GRABER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Paul A. Schraff, Dwyer Schraff Meyer Jossem & Bushnell, Honolulu, HI; and Christopher J. Field, Field Womack & Kawczynski, LLC, South Amboy, NJ, for the petitioners.
- For Appellees:
- Howard M. Radzely, Solicitor of Labor; Donald S. Shire, Associate Solicitor; Mark A. Reinhalter, Counsel for Longshore; and Barry H. Joyner, U.S. Department of Labor Office of the Solicitor, Washington, DC; and Preston Easley, San Pedro, CA, for the respondents.