Todd Shipyards Corporation v. Director, Office Of Workers' Compensation Programs

848 F.2d 125 TODD SHIPYARDS CORPORATION and Aetna Casualty and Surety Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR and Vincent P. Clark, Respondents. No. 87-7307. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1988. Decided May 31, 1988. Daniel F. Valenzuela, Samuelsen, Coalwell & Gonzales, San Pedro, Cal., for petitioners. Michael S. Hertzig, Dept. of Justice, Washington, D.C., for respondent, Director, Office of Workers' Compensation Programs. Merle Rabine, Santa Ana, Cal., for respondent Vincent Clark. Petition for Review of an Order of the Benefits Review Board. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 Todd Shipyards Corporation (Todd) and Aetna Casualty and Surety Company (Aetna), Todd's carrier, petition for review of the order of the Benefit Review Board (Board) of the Department of Labor affirming in part, vacating in part, and modifying in part the order of the administrative law judge (ALJ) awarding benefits to Vincent P. Clark pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA). We must decide whether Todd is entitled to…