Director, Office Of Workers' Compensation Programs, United States Department Of Labor, Petitioner, v. Cargill, Inc.

718 F.2d 886 DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CARGILL, INC., Northwest National Insurance Co., and Harold M. Carey, Respondents. No. 81-7522. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1982. Decided Oct. 5, 1982. Argued In Banc May 11, 1983. Remanded to Panel July 1, 1983. Decided Oct. 18, 1983. As Amended on Denial of Rehearing Nov. 21, 1983. Janet R. Dunlop, Cornelius S. Donoghue, Washington, D.C., for petitioner. Robert E. Babcock, Lindsay, Hart, Neil & Weigler, Portland, Or., for respondents. On Review of Decision of the Director of the Office of Workers' Compensation Program Under the Provisions of 33 U.S.C. Sec. 908 (f). Before: KILKENNY, SNEED and SKOPIL, Circuit Judges. KILKENNY, Circuit Judge: PROCEDURAL BACKGROUND 1 The Director of the Office of Workers' Compensation Program (Director) petitioned for review of a Benefits Review Board (Board) decision, 33 U.S.C. Sec. 921 (c), which affirmed the findings of the administrative law judge (ALJ) that claimant was totally disabled and eligible for benefits but reversed findings that the employer, Cargill, was not entitled…