Brady-Hamilton Stevedore Company v. Director, Office Of Workers' Compensation Programs, United States Department Of Labor

779 F.2d 512 BRADY-HAMILTON STEVEDORE COMPANY and Fireman's Fund Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. No. 84-7819. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1985. Decided Dec. 26, 1985. John Dudrey, Williams, Fredrickson, Stark, Hiefield, Norville & Weisensee, Portland, Or., for petitioners. Marianne D. Smith, Washington, D.C., for respondent. 1 On Petition for Review of a Decision and Order of The Benefits Review Board of the United States Department of Labor. 2 Before GOODWIN and FARRIS, Circuit Judges, and STEPHENS * , District Judge. 3 STEPHENS, Senior District Judge. 4 Adams was a fifty-seven year old longshoreman on March 16, 1973, when he accidentally injured his back at work. Adams had experienced back problems dating as far back as 1953. After the 1973 injury, he was unable to return to his regular longshoring duties, and on May 22, 1974, he had a laminectomy to remove a bulging disc. 5 Adams filed a claim for permanent total disability against his employer, Brady-Hamilton Stevedore Co., and its workers' compensation insurance carrier,…