David Trachsel v. Rogers Terminal & Shipping Cor

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID L. TRACHSEL, 

Petitioner, No. 08-74397 v. Benefits Review ROGERS TERMINAL & SHIPPING  Board Nos. 07-1003, CORPORATION, and DIRECTOR,

OFFICE OF WORKER’S COMPENSATION 07-1003A.

PROGRAMS, OPINION

Respondents.  Petition for Review of an Order of the Benefits Review Board United States Department of Labor

Argued and Submitted October 7, 2009—Portland, Oregon

Filed December 30, 2009

Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Ronald M. Whyte,* District Judge.

Opinion by Judge Whyte

*The Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, sitting by designation.

16881 TRACHSEL v. ROGERS TERMINAL 16883

COUNSEL

Charles Rabinowitz, Law Offices of Charles Rabinowitz, Portland, Oregon, for the petitioner.

Jay W. Beattie, Lindsay, Hart, Neil & Weigler, LLP, Portland, Oregon, for the respondent.

OPINION

WHYTE, District Judge:

David Trachsel (“Trachsel”) petitions this court for…