Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor v. J.M. Martinac Shipbuilding Corp.

21 F.3d 1112 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. J.M. MARTINAC SHIPBUILDING CORPORATION; Insurance Company of North America, Respondents. No. 92-70441. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1994. Decided April 25, 1994. Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Director, Office of Workers' Compensation Programs, United States Department of Labor ("Director"), appeals the Benefits Review Board's ("BRB") affirmance of an Administrative Law Judge's ("ALJ") determination that J.M. Martinac Shipbuilding Co. ("Martinac"), through its insurance carrier, Insurance Company of North America ("INA"), was entitled to special fund relief under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. Sec. 908 (f) (1988). The ALJ ruled that Martinac employee, Anthony Woodard's,…