National Steel & Shipbuilding Company v. U. S. Department Of Labor

606 F.2d 875 NATIONAL STEEL & SHIPBUILDING COMPANY; American Motorists Insurance Company, Petitioners, v. U. S. DEPARTMENT OF LABOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Phillip J. Holston, Respondents. No. 77-2480. United States Court of Appeals, Ninth Circuit. Oct. 15, 1979. Brundage, Williams & Zellmann, Donald W. Zellmann, William H. Taylor, San Diego, Cal., for petitioners. Laurie M. Streeter, Associate Sol., U. S. Dept. of Labor, Gilbert T. Renaut, Washington, D.C., for respondents. On Petition to Review a Decision of the Benefits Review Board. Before GOODWIN and ANDERSON, Circuit Judges, and FERGUSON * , District Judge. GOODWIN, Circuit Judge: 1 National Steel & Shipbuilding Co. appeals, as excessive, an award of disability benefits, and appeals the award of attorney's fees to its employee, Phillip Holston, under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1976). I. 2 Holston, an electrician for National Steel, injured his right knee while on the job on August 24, 1974. The accident resulted in torn cartilage requiring surgical repair. National Steel, through its insurer, voluntarily provided Holston with medical…