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McDERMOTT, INC. v. BOUDREAUX

No. 81-4309.

679 F.2d 452 (1982)

McDERMOTT, INCORPORATED, (Formerly J. Ray McDermott & Co., Inc.), Petitioner, v. Irene BOUDREAUX and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 28, 1982.

Attorney(s) appearing for the Case

Joseph W. Looney, John T. Nesser, III, Louis Simon, II, New Orleans, La., for petitioner.

Charles R. Ryan, Houma, La., Joshua T. Gillelan, II, Washington, D. C., for respondents.

Before GOLDBERG, WILLIAMS and GARWOOD, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Once again, we confront the troublesome task of determining whether a deceased maritime employee was a "member of a crew of any vessel" and is, therefore, excluded from coverage under the Longshoremen's and Harbor Workers' Compensation Act (Longshoremen's Act), 33 U.S.C. § 903. The Administrative Law Judge (ALJ) below, in a decision upheld by the Benefits Review Board, found that pipeline welder Clovis Boudreaux was not a crew...

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