David Trachsel v. Rogers Terminal & Shipping Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID L. TRACHSEL,  No. 08-74397 Petitioner, Benefits Review v. Board Nos.

ROGERS TERMINAL & SHIPPING 07-1003,

CORPORATION, and DIRECTOR,

OFFICE OF WORKER’S COMPENSATION

 07-1003A.

ORDER

PROGRAMS, AMENDING

Respondents. OPINION AND

AMENDED

 OPINION

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 Amended March 9, 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. 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.

ORDER

The Opinion filed on December 30,…