Prolerized New England Co. v. Miller

BOWNES, Circuit Judge.

This is a proceeding brought by Prolerized New England Company and CNA Insurance Company (hereinafter jointly Prolerized) pursuant to 33 U.S.C. § 921(c) of the Longshoremen’s and Harbor Workers’ Compensation Act (the Act) to review a decision of the Benefits Review Board, Miller v. Prolerized New England Co., 14 Ben.Rev.Bd.Serv. (MB) 811 (1981). The Board’s decision affirmed the administrative law judge’s (ALJ) finding that the claimant was covered under 33 U.S.C. § 902(3).1 Prolerized stipulated that its facility was a covered “situs” within the meaning of 33 U.S.C. §…