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SSA TERMINALS v. CARRION

Nos. 13-72929, 13-72948.

821 F.3d 1168 (2016)

SSA TERMINALS and Homeport Insurance Company, Petitioners, v. Robert CARRION; Director, Office of Workers' Compensation Program, Respondents. Robert Carrion, Petitioner, v. SSA Marine Terminals, LLC; Homeport Insurance Company; Director, Office of Workers' Compensation Program, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2016.

Attorney(s) appearing for the Case

Gursimmar Sibia (argued) and Judith Leichtnam , Bruyneel & Leichtnam, San Francisco, CA, for Petitioners/Cross-Respondents.

Joshua T. Gillelan, II (argued), Longshore Claimants' National Law Center, Washington, D.C.; Eric A. Dupree , Dupree Law, Coronado, CA, for Respondent/Cross-Petitioner.

Matthew W. Boyle (argued), Attorney, M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Mark A. Reinhalter , Counsel for Longshore, Gary K. Stearman , Appellate Counsel, United States Department of Labor, Washington, D.C., for Federal Respondent.

Before: M. MARGARET McKEOWN, JOHNNIE B. RAWLINSON, and ANDRE M. DAVIS, Circuit Judges.

OPINION

In 1987, Robert Carrion sustained a severe knee injury while working as a chassis mechanic. Although Carrion returned to his physically demanding job and worked for the next fifteen years, his knee continued to deteriorate. He took early retirement in 2002, when his pain became so great that he could walk...

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