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FULKS v. AVONDALE SHIPYARDS, INC.

No. 79-1861.

637 F.2d 1008 (1981)

Tommie L. FULKS, Petitioner-Cross Respondent v. AVONDALE SHIPYARDS, INC., Respondent-Cross Petitioner, v. DIRECTOR, OFFICE of WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT of LABOR, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 24, 1981.

Attorney(s) appearing for the Case

Hugh G. Oliver, Westwego, La., for petitioner-cross respondent.

Carin A. Clauss, Sol. of Labor, U. S. Dept. of Labor, Joshua T. Gillelan, II, Laurie M. Streeter, Associate Sol., Washington, D. C., for Director.

John O. Charrier, Jr., New Orleans, La., for Avondale Shipyards, Inc.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.

POLITZ, Circuit Judge:

We again consider the claim of Tommie L. Fulks for benefits under the Longshoremen's and Harbor Workers' Compensation Act (the Act), 33 U.S.C. §§ 901-950. Fulks seeks our review, as does his former employer, Avondale Shipyards, Inc. (Avondale), of the most recent decision by the Benefits Review Board (BRB). The BRB upheld an Administrative Law Judge's (ALJ) award of benefits to Fulks premised on a finding of permanent partial disability...

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