M. Cutter Co., Inc. v. Carroll

458 F.3d 991 M. CUTTER COMPANY, INC., and Liberty Northwest Insurance Company, Petitioners, v. Larry G. CARROLL and Director, Office of Workers' Compensation Programs, The United States Department of Labor, Respondents. No. 04-73937. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 28, 2006. Filed August 15, 2006. John R. Dudrey, Williams Fredrickson, LLC, Portland, OR, for the petitioners. Meagan A. Flynn, Preston Bunnell & Flynn, LLP, Portland, OR; Matthew W. Boyle, Appellate Attorney, U.S. Department of Labor, Washington, DC, for the respondents. On Petition for Review of an Order of the Benefits Review Board. OWCP Nos. BRB-03-0189, 2001-LHC-00385. Before ALFRED T. GOODWIN, A. WALLACE TASHIMA, and SUSAN P. GRABER, Circuit Judges. GRABER, Circuit Judge. 1 Claimant Larry G. Carroll sustained a disabling injury while working for Employer M. Cutter Company, Inc. Employer seeks review of the en banc decision of the Benefits Review Board ("Board") holding it liable for 24-hour attendant care for Claimant under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 . We deny the petition. 2 On December 4, 1998, in the…