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ROGER'S TERMINAL AND SHIPPING CORPORATION v. DIRECTOR, OFFICE OF WORKER'S COMP. PROGRAMS, DEPT. OF LABOR

No. 85-4502. Summary Calendar.

784 F.2d 687 (1986)

ROGER'S TERMINAL AND SHIPPING CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, DEPARTMENT OF LABOR and Emile Smith, Respondents.

United States Court of Appeals, Fifth Circuit.

March 12, 1986.

Attorney(s) appearing for the Case

John K. Hill, Jr., Lafayette, La., for Roger's Terminal.

Lloyd N. Frischhertz, New Orleans, La., T. Timothy Ryan, Jr., Sol. of Labor, U.S. Dept. of Labor, Washington, D.C., Karen Kimball, Glenn H. Woodley, Asst. Deputy. Comm., New Orleans, La., for Emile Smith.

Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for other interested parties.

Before RUBIN, JOHNSON and JONES, Circuit Judges.

JOHNSON, Circuit Judge:

Pursuant to the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA), an administrative law judge (ALJ) found that Emile Smith became permanently and totally disabled because of a back injury he sustained while in the course and scope of his employment with Roger's Terminal and Shipping Corporation. The Benefits Review Board affirmed the award, and Roger's Terminal...

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