Northwest Marine Inc. v. Miller

Full title: NORTHWEST MARINE INCORPORATED; Legion Insurance Company, Petitioners, v…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 16, 1998

133 F.3d 98 (9th Cir. 1998)

Opinion

133 F.3d 928 (9th Cir. 1998) NORTHWEST MARINE INCORPORATED; Legion Insurance Company, Petitioners, v. Daniel B. MILLER: Northwest Marine Iron Works, SAIF Corporation, Dillingham Ship Repair; DIL Trust; Director, Office of Workers' Compensation Programs, Respondents. No. 96-07094. United States Court of Appeals, Ninth Circuit January 16, 1998

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Petition for Review of an Order of the Benefits Review Board.

Before ALDISERT, ^** PREGERSON, and TROTT, Circuit Judges.

** The Honorable Ruggero J. Aldisert, Senior Circuit Judge for the Third Circuit, sitting by designation.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3.

We grant Appellant's petition and remand for reconsideration in light of OWCP v. Greenwich Collieries and Maher Terminals, Inc., 512 U.S. 267 (1994). The ALJ's opinion appears to rely on the true doubt rule, which is now invalid. Id. at 281. Thus, we grant Appellant's petition and remand. See Sproul v. OWCP, 86 F.3d 895, 898 (9th Cir.1996); Brady-Hamilton Stevedore Co. v. OWCP, 58 F.3d 419, 420 (9th Cir.1995).

PETITION GRANTED; REMANDED.