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Castro Amicus Brief, on petition for review of a final order of the Benefits Review Board, with statement of related cases

No. 03-72528
____________________________________________________________________

IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
_________________

GENERAL CONSTRUCTION CO. AND LIBERTY
NORTHWEST INSURANCE CORPORATION,

Petitioners

v.

ROBERT CASTRO

and

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR,

Respondents

_________________

On Petition for Review of a Final Order
Of the Benefits Review Board
_________________

BRIEF FOR FEDERAL RESPONDENT, DIRECTOR,
OFFICE OF WORKERS' COMPENSATION PROGRAMS
________

STATEMENT OF RELATED CASES

    Pursuant to Local Rule 28-2.6, Respondent, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, states that the cases of Everitt v. Stevedoring Services of America, et al., Docket Nos. 02-74232 and 02-74309; Stevedoring Services of America v. David Guthrie, et al., Docket No. 03-72204 and Stevedoring Services of America v. Arel Price, et al., Docket Nos. 02-71207 and 02-71578 are related cases as they include an issue similar to one presented in this case, namely the application of Matulic v. Director, OWCP, 154 F.3d 1052 (9th Cir. 1998), in the determination of a Longshore Claimant's average weekly wage pursuant to 33 U.S.C. 910.

Respectfully submitted.

HOWARD M. RADZELY
Acting Solicitor of Labor

DONALD S. SHIRE
Associate Solicitor

PATRICIA M. NECE
Acting Counsel for Longshore

__signed_____________
PETER B. SILVAIN, JR.
Appellate Attorney
U.S. Department of Labor
Suite N-2117
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 693-5339

Attorneys for the Director, OWCP