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CHAVEZ v. DIRECTOR, OWCP

Nos. 90-70687, 90-70692.

961 F.2d 1409 (1992)

Prudencio CHAVEZ, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; United States Department of Labor; Todd Shipyards Corporation; Aetna Casualty and Surety Company, Respondents. TODD SHIPYARDS CORPORATION; Aetna Casualty and Surety Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Prudencio P. Chavez, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1992.

Attorney(s) appearing for the Case

Daniel F. Valenzuela, Yvonne A. Greve, Samuelsen, Gonzalez, Valenzuela & Sorkow, San Pedro, Cal., for appellants.

Diane L. Middleton, Yvette A. Boehnke, Law Offices of Diane L. Middleton, San Pedro, Cal., for claimant-appellee.

Janet R. Dunlop, Samuel J. Oshinsky, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent, Director, Office of Workers' Compensation Programs.

Joshua T. Gillelan, Deputy Atty. Gen., U.S. Dept. of Justice, Washington, D.C., argued for respondents-petitioners.

Before: SCHROEDER, REINHARDT, and KLEINFELD, Circuit Judges.

REINHARDT, Circuit Judge:

This is a most complicated case. It is not one in which the question is whether the claimant is entitled to compensation — that question has already been decided. Instead, the question is whether the employer, Todd Shipyards, is entitled to recompense should the worker, Prudencio Chavez, recover in tort for some of his injuries. In addition, issues have arisen, regarding whether Chavez has waived his right to workers' compensation...

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