Todd Shipyards Corp. v. Black

717 F.2d 1280 1984 A.M.C. 1381 TODD SHIPYARDS CORP., and Firemen's Fund Insurance Co., Petitioners, v. Gerald L. BLACK, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. No. 81-7494. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 8, 1982. Decided Oct. 4, 1983. Robert H. Madden, Detels, Draper & Marinkovich, Seattle, Wash., for petitioners. Joshua T. Gillelan, II, Washington, D.C., Robert D. Duggan, Seattle, Wash., for respondents. Before BROWNING, TUTTLE, * and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 This case is before us on an employer's petition to review a decision of the Benefits Review Board under the Longshoremen's and Harbor Workers' Compensation Act. The employer disclaims liability for the employee's occupational disease because the employee was also exposed to harmful stimuli while working for a subsequent employer not covered by the Longshoremen's Act. The employer also argues that, at the least, the damages should be apportioned. In any event, the employer contends that, under the time of injury rule, any compensation should be based on the employee's wages at the time…