Wausau Ins. Companies v. Director, Office of Workers Compensation Programs, 96-70314

Decision Date25 February 1998
Docket NumberNo. 96-70314,96-70314
Citation136 F.3d 586
PartiesThe WAUSAU INSURANCE COMPANIES; Holmes & Narver, Incorporated, Petitioners, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Ronald Guthrie, Respondents.
CourtU.S. Court of Appeals — Ninth Circuit

Before: BOOCHEVER, BRUNETTI and KOZINSKI, Circuit Judges.

Prior report: 114 F.3d 120.

ORDER

Ronald Guthrie's motion for reconsideration, previously ordered held in abeyance on June 20, 1997, is granted. The case is remanded to the Benefits Review Board for consideration of whether Guthrie is entitled to a nominal award of permanent partial disability. See Metropolitan Stevedore Co. v. Rambo, --- U.S. ----, ----, 117 S.Ct. 1953, 1964, 138 L.Ed.2d 327 (1997).

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    ...& Narver, Inc., 30 BRBS 48 (1996), rev'd sub nom. Wausau Ins. Cos. v. Director, OWCP, 114 F.3d 120 (9th Cir. 1997), on recons. 136 F.3d 586 (9th Cir. 1998), the ALJ determined that, as a matter of law, the value of ' 119 Meals and Lodging is included in the calculation of wages under ' 902(......
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