David Trachsel v. Rogers Terminal & Shipping Corporation

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID L. TRACHSEL,  No. 08-74397 Petitioner, Benefits Review v. Board Nos. ROGERS TERMINAL & SHIPPING 07-1003, CORPORATION, and DIRECTOR, OFFICE OF WORKER’S COMPENSATION  07-1003A. ORDER PROGRAMS, AMENDING Respondents. OPINION AND AMENDED  OPINION Petition for Review of an Order of the Benefits Review Board United States Department of Labor Argued and Submitted October 7, 2009—Portland, Oregon Filed December 30, 2009 Amended March 9, 2010 Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Ronald M.…