Cretan v. Bethlehem Steel Corporation

1 F.3d 843 1993 A.M.C. 2739 Renate CRETAN, Widow of John Cretan; Nicole Cretan, Daughter of John Cretan, Petitioners-Cross-Respondents, v. BETHLEHEM STEEL CORPORATION, Respondent-Cross-Petitioner, and Director, Office of Workers Compensation Programs, Respondent. Nos. 90-70589, 90-70634. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1993. Decided July 28, 1993. Victoria Edises, Kazan, McClain, Edises & Simon, Oakland, CA, for petitioners-cross-respondents. Joshua T. Gillelan, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for the respondent; Bill Parrish, San Francisco, CA, Robert E. Babcock, Littler, Mendelson, Fastiff & Tichy, Portland, OR, for respondent-cross-petitioner. Petition for Review of an Order of the Benefits Review Board. Before: BROWNING, CHOY, and CANBY, Circuit Judges. CANBY, Circuit Judge. 1 We have before us a survivors' petition and an employer's cross-petition for review of a Benefits Review Board decision and order that resolved the survivors' claim for disability compensation and death benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. Secs. 901-950 . We have jurisdiction under…