Doris Jean Hoke v. Director, Office of Workers' Compensation Programs, United States Department of Labor Todd Shipyards Corporation

52 F.3d 333 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Doris Jean HOKE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Todd Shipyards Corporation, Respondents. No. 93-70465. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1994. Decided April 10, 1995. Before: BROWNING, GOODWIN, and QUACKENBUSH * , Circuit Judges. 1 MEMORANDUM ** 2 Doris Jean Hoke appeals from the Benefits Review Board's ("the Board") denial of worker compensation benefits under the Longshore and Harbor Worker's Compensation Act ("LHWCA"), 33 U.S.C. Sec. 901 et seq. Because the Board's decision that employer Todd Shipyards Co. rebutted the statutory presumption in favor of compensation is not supported by substantial evidence, we reverse and remand. I. 3 In the late afternoon of June 2, 1982, Truby Lee Hoke punched out of work at Todd Shipyards, where he was employed as a welder. An hour later, as he was fixing a flat…