Saif Corporation v. Johnson

908 F.2d 1434 59 USLW 2083 SAIF CORPORATION/OREGON SHIP, Petitioners, v. Grover JOHNSON, Claimant-Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent. No. 89-70412. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1990. Decided July 13, 1990. David L. Runner, Asst. Atty. Gen., Salem, Or., for petitioners. Robert K. Udziela, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for claimant-respondent. Samuel J. Oshinsky, U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs. Appeal from the Decision and Order of the Benefits Review Board. Before SCHROEDER, NORRIS and WIGGINS, Circuit Judges. SCHROEDER, Circuit Judge: 1 This is a petition to review a decision of the Benefits Review Board in favor of the claimant in a Longshoremen's and Harbor Workers' Compensation Act ("LHWCA") proceeding. The claimant was unquestionably exposed to asbestos in 1942 while constructing ships for petitioner Oregon Shipbuilding Corporation ("Oregon"). The exposure occurred while he worked on a ship building way. Saif Corporation ("Saif"), also a petitioner here, is…