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BOLLINGER SHIPYARDS, INC. v. DIRECTOR, OWCP

No. 09-60095.

604 F.3d 864 (2010)

BOLLINGER SHIPYARDS, INC.; American Longshore Mutual Association, Petitioners, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. Department of Labor; Jorge Rodriguez, Respondents.

United States Court of Appeals, Fifth Circuit.

As Revised April 22, 2010.

Attorney(s) appearing for the Case

Kevin Andrew Marks (argued), Jessie Schott Haynes, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Petitioners.

Matthew W. Boyle (argued), Sean Bajkowski, Rae Ellen James, Associate Sol., Mark Ambrose Reinhalter, Counsel, U.S. Dept. of Labor, Office of Sol., Thomas O. Shepherd, Jr., Clerk, Benefits Rev. Bd., Washington, DC, David Duhon, U.S. Dept. of Labor, New Orleans, LA, for Director.

Daniel Steven Wanko, Jr., Mark Richard Ladd (argued), Wanko Law Firm, L.L.C., Covington, LA, for Rodriguez.

Jennifer Jean Rosenbaum, New Orleans Workers' Ctr. for Racial Justice, Legal Dept., New Orleans, LA, for Amici Curiae; New Orleans Workers' Ctr. for Racial Justice, Interfaith Worker Justice, Pro Bono Project of New Orleans, Southern Poverty Law Ctr., Immigrant Justice Project, Workers Injury Law & Advocacy Group and National Employment Law Project.

Before GARWOOD, WIENER, and BENAVIDES, Circuit Judges.

WIENER, Circuit Judge:

Bollinger Shipyards, Inc. ("Bollinger"), petitions for review of an order of the Benefits Review Board ("BRB") awarding benefits under the Longshore and Harbor Workers' Compensation Act ("the LHWCA") to Jorge Rodriguez ("Rodriguez"), an undocumented immigrant who fell and injured himself while employed by Bollinger as a pipefitter. We deny the petition.

I. FACTS AND PROCEEDINGS

A. Facts

In October 2003, Rodriguez...

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