Lloyd Rhine v. Stevedoring Services of Americ

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LLOYD RHINE,  No. 08-73370 Petitioner, Benefits Review v. Board Nos.

STEVEDORING SERVICES OF AMERICA;  07-0935,

07-0935A

HOMEPORT INSURANCE COMPANY;

and DIRECTOR OF WORKERS’ OWCP-1 No.

COMPENSATION PROGRAMS, 14-126603

Respondents.  OPINION

On Petition for Review of a Decision and Order of the Benefits Review Board

Argued and Submitted October 7, 2009—Portland, Oregon

Filed March 5, 2010

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.

3501 3504 RHINE v. STEVEDORING SERVICES OF AMERICA

COUNSEL

Charles Rabinowitz, Law Offices of Charles Rabinowitz, of Portland, Oregon; Joshua T. Gillelan II, Longshore Claim- ants’ National Law Center, Washington, DC, for the peti- tioner.

John Randall Dudrey, Williams Frederickson, LLC, of Port- land, Oregon,…