Brady-Hamilton Stevedore Company v. Herron

568 F.2d 137 BRADY-HAMILTON STEVEDORE COMPANY and Fireman's Fund Insurance Company, Petitioners, v. James R. HERRON, Jr. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. No. 75-1538. United States Court of Appeals, Ninth Circuit. Jan. 23, 1978. John R. Dudrey (argued), Portland, Or., for petitioners. Raymond J. Conboy (argued), Portland, Or., Joshua T. Gillelan, II (argued), Washington, D. C., for respondents. Petition to Review a Decision of the United States Department of Labor Benefits Review Board. Before SNEED and KENNEDY, Circuit Judges, and POOLE, * District Judge. KENNEDY, Circuit Judge: 1 Respondent Herron was injured in the course of his employment with Brady-Hamilton Stevedore Company (Brady-Hamilton). The accident occurred at Brady-Hamilton's facility at the Port of Longview, Washington. Herron filed a claim under the Longshoremen's and Harbor Workers' Compensation Act (Act), 33 U.S.C. § 901 et seq. (1970 & Supp. V 1975). Brady-Hamilton contested the claim, alleging that Herron's injury was not covered by the Act. The administrative law judge held that the Act did cover Herron's injury and awarded…