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FOUNDATION CONSTRUCTORS v. DIRECTOR, OWCP

No. 90-70380.

950 F.2d 621 (1991)

FOUNDATION CONSTRUCTORS, INC., the Wausau Insurance Companies, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Willis Vanover, United States Department of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Bill Parrish, San Francisco, Cal., for petitioners.

Esther Herrera, and Thomas M. Pegnim, McLaughlin & Pegnim, Antioch, Cal., for respondents.

Before PREGERSON, FERGUSON and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We review the Benefits Review Board's affirmance of a determination that Willis Vanover was entitled to compensation from Foundation Constructors, Inc., pursuant to the Longshore and Harbor Workers' Compensation Act.

I

Prior to April 1, 1977, Willis Vanover was employed by the H.R. Lauritzen Co. as a pile butt driver. On that day, Foundation took over the operations of Lauritzen. At about this same time, Vanover's doctor...

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