David Trachsel v. Rogers Terminal & Shipping Cor

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID L. TRACHSEL,  Petitioner, No. 08-74397 v. Benefits Review ROGERS TERMINAL & SHIPPING  Board Nos. 07-1003, CORPORATION, and DIRECTOR, OFFICE OF WORKER’S COMPENSATION 07-1003A. PROGRAMS, OPINION Respondents.  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 Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Ronald M. Whyte,* District Judge. Opinion by Judge Whyte *The…