Mallott & Peterson v. Director

98 F.3d 1170 1997 A.M.C. 9 , 96 Cal. Daily Op. Serv. 7815 , 96 Daily Journal D.A.R. 12 ,951 MALLOTT & PETERSON and Industrial Indemnity Co., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR; Beatrice Stadtmiller, widow of Delbert Stadtmiller, Respondents. No. 94-70927. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1996. Decided Oct. 24, 1996. Roger A. Levy, Laughlin, Falbo, Levy & Moresi, San Francisco, CA, for petitioners. Victoria Edises and Anne Michelle Burr, Kazan, McClain, Edises, Simon & Abrams, Oakland, CA; Mark A. Reinhalter, Office of the Solicitor, Department of Labor, Washington, DC, for respondents. Petition for Review of an Order of the Benefits Review Board. OWCP No. 13-87454, BRB No. 94-0439. Before: SNEED, NORRIS, and WIGGINS, Circuit Judges. WILLIAM A. NORRIS, Circuit Judge: 1 Section 933 of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1988) (LHWCA or Act), establishes a claimant's right to pursue claims for his or her injuries against third parties without forgoing compensation under the Act. Subsection (g), the provision at issue in this…