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Container Stevedoring Co. v. Stevedoring Services of America
Citation: 311 F. App'x 8Docket: No. 06-72757
Court: Court of Appeals for the Ninth Circuit; April 23, 2008; Federal Appellate Court
The memorandum addresses the Benefits Review Board’s decision dated April 17, 1998, regarding a potential reweighing of evidence, which could violate the precedent set in Director, Office of Workers’ Compensation v. Campbell Indus. The conclusion reached is that a fair interpretation of the Board’s opinion does not support the occurrence of re-weighing. It affirms that the Board correctly identified that the Administrative Law Judge (ALJ) failed to adequately apply the aggravation standard as outlined in Kelaita v. Director, Office of Workers’ Comp. Programs. The Board has remanded the case, instructing the ALJ to apply the correct legal standard and reassess the evidence accordingly. The petition for review has been denied, and the disposition is not intended for publication or to serve as precedent, except as specified by 9th Cir. R. 36-3.