Duncanson-Harrelson Company v. Director, Office Of Workers' Compensation Programs

644 F.2d 827 DUNCANSON-HARRELSON COMPANY and Employers Mutual Liability Insurance Company of Wausau, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondents, and Per S. Hed and William Hatchett, Intervenors and Real Parties in Interest. Nos. 78-1873, 79-7572. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1980. Decided May 8, 1981. B. James Finnegan, Kiernan & Finnegan, San Francisco, Cal., for petitioners. Mark C. Walters, Washington, D. C., John R. Hillsman, San Francisco, Cal., for respondents; Linda L. Carroll, Washington, D. C., Stanford L. Gelbman, San Francisco, Cal., on brief. On Petition for Review of an Order of the Benefits Review Board, United States Department of Labor. Before ANDERSON, ALARCON and POOLE, Circuit Judges. ALARCON, Circuit Judge: 1 This is a consolidation of two separate appeals brought by Duncanson-Harrelson, a marine construction company, and its liability insurer (employer), involving the question whether two injured employees, Per S. Hed and William Hatchett, were engaged in "maritime employment" within the meaning of the 1972 amendments to the…