United States Department of Labor

Castro Amicus Brief, on petition for review of a final order of the Benefits Review Board, with statement of related cases

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 (9^th 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

__signed_____________
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