Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs

JOHN R. BROWN, Senior Circuit Judge:

The question in this case is whether in a claim for death benefits the Employer (Bath Iron Works Corporation) and its Carrier (Commercial Union Insurance Companies) were erroneously denied by the Benefits Review Board the benefit of the § 8(f) second injury fund because the Employer-Carrier failed to submit to the deputy commissioner their request for apportionment of liability to the special fund prior to the consideration of the death benefits claim by the deputy commissioner. We affirm.

Death of a Longshoreman

Clyde J. Bailey1 died August 9, 1986. A claim…