FILED NOT FOR PUBLICATION JUL 26 2013 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

GARY D. SCHWIRSE, No. 11-73172 Petitioner, BRB No. 11-0119 v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAM; et al., ORDER Respondents.

Before: SILVERMAN, CLIFTON, and N.R. SMITH, Circuit Judges.

The mandate issued December 18, 2012 is vacated. The Memorandum Disposition filed on October 23, 2012, and appearing at 496 F. App’x 734 (9th Cir. 2012), is vacated concurrently with the filing of the Opinion. With the filing of the Opinion, the requests for publication are GRANTED.