No. 03-72528
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
_________________
GENERAL CONSTRUCTION CO. AND
LIBERTY NORTHWEST INSURANCE CORPORATION,
Petitioners
v.
ROBERT CASTRO
and
DIRECTOR, OFFICE OF WORKERS'
COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF
LABOR,
Respondents
_________________
On Petition for Review of a
Final Order
Of the Benefits Review Board
_________________
BRIEF FOR FEDERAL
RESPONDENT, DIRECTOR,
OFFICE OF WORKERS'
COMPENSATION PROGRAMS
________
STATEMENT OF RELATED CASES
Pursuant
to Local Rule 28-2.6, Respondent, Director, Office of Workers’ Compensation
Programs, U.S. Department of Labor, states that the cases of Everitt v.
Stevedoring Services of America, et al., Docket Nos. 02-74232 and 02-74309;
Stevedoring Services of America v. David Guthrie, et al., Docket No.
03-72204 and Stevedoring Services of America v. Arel Price, et al.,
Docket Nos. 02-71207 and 02-71578 are related cases as they include an issue
similar to one presented in this case, namely the application of Matulic v.
Director, OWCP, 154 F.3d 1052 (9th Cir. 1998), in the
determination of a Longshore Claimant’s average weekly wage pursuant to 33
U.S.C. § 910.
Respectfully
submitted.
HOWARD
M. RADZELY
Acting Solicitor of
Labor
DONALD S. SHIRE
Associate Solicitor
PATRICIA
M. NECE
Acting Counsel for
Longshore
PETER B. SILVAIN, JR.
Appellate Attorney
U.S. Department of
Labor
Suite N-2117
200 Constitution
Ave., N.W.
Washington, D.C. 20210
(202) 693-5339
Attorneys for the
Director, OWCP