Northwest Marine Incorporated; Legion Insurance Company, Petitioners, v. Daniel B. Miller: Northwest Marine Iron Works, Saifcorporation, Dillingham Ship Repair; Dil Trust;director, Office of Workers'compensation Programs, Respondents, 133 F.3d 928 (9th Cir. 1998)

Annotate this Case

U.S. Court of Appeals for the Ninth Circuit - 133 F.3d 928 (9th Cir. 1998) Argued and Submitted Jan. 16, 1998

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

MEMORANDUM^*

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.

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

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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.