Bna) v. Director, Office of Workers Compensation Programs

914 F.2d 1317 14 O.S.H. Cas.(BNA) 1814, 14 O.S.H. Cas.(BNA) 1920 TODD PACIFIC SHIPYARDS CORPORATION; Aetna Casualty and Surety Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Johanna Picinich; Lockheed Shipbuilding Co.; Todd Pacific Shipyards Corporation, et al., Respondents. No. 89-70309. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1990. Decided Sept. 18, 1990. As Amended Nov. 8, 1990. Russell A. Metz, Witherspoon, Kelley, Davenport & Toole, P.S., Seattle, Wash., for petitioners. J. Bradford Doyle, Stafne & Doyle, Seattle, Wash., for respondents. Appeal from a Decision of the Benefits Review Board. Before WRIGHT, WALLACE and KOZINSKI, Circuit Judges. WALLACE, Circuit Judge: 1 Todd Pacific Shipyards Corporation (Todd) appeals from the decision of the Department of Labor Benefits Review Board (Board), assessing liability against Todd for the asbestos-related death of a former employee, Picinich. Todd contends that the Board erred in reversing the Department of Labor Administrative Law Judge's (ALJ) ruling that former employer Lockheed Shipbuilding Company (Lockheed), rather than Todd, was…