Healy Tibbitts Builders, Inc. v. Director, Office of Workers' Compensation Programs

444 F.3d 1095 HEALY TIBBITTS BUILDERS, INC.; John M. Mannering, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Darlette Maumau (Widow of Finefeuiaki Maumau); Shelly Dagget (Mother of Salesi and Maika Maumau); Hawaii Employers' Mutual Insurance Company, Respondents. No. 04-70575. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 15, 2006. Filed April 14, 2006. Paul A. Schraff, Dwyer Schraff Meyer Jossem & Bushnell, Honolulu, HI; and Christopher J. Field, Field Womack & Kawczynski, LLC, South Amboy, NJ, for the petitioners. Howard M. Radzely, Solicitor of Labor; Donald S. Shire, Associate Solicitor; Mark A. Reinhalter, Counsel for Longshore; and Barry H. Joyner, U.S. Department of Labor Office of the Solicitor, Washington, DC; and Preston Easley, San Pedro, CA, for the respondents. On Petition for Review of Orders of the Department of Labor Benefits Review Board. BRB Nos. 03-239, 03-239A, 03-239B. Before HALL, SILVERMAN, and GRABER, Circuit Judges. SILVERMAN, Circuit Judge. 1 The Longshore and Harbor Workers' Compensation Act does not cover "all those who breathe salt air," but neither is it limited to Popeye. The decedent in…