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CRAVEN v. DIRECTOR, OFFICE OF WORKERS COMP. PROG.

No. 09-60361.

604 F.3d 902 (2010)

Kenneth E. CRAVEN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, U.S. Department of Labor, Northrop Grumman Ship Systems, Inc., Respondents.

United States Court of Appeals, Fifth Circuit.

April 27, 2010.

Attorney(s) appearing for the Case

Sue Esther Dulin, Dulin & Dulin, Ltd., Gulfport, MS, for Craven.

Barry H. Joyner, 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 Respondent, Director.

Paul B., Howell, Franke & Salloum, P.L.L.C., Gulfport, MS, for Respondent, Northrop Grumman Ship Systems, Inc.

Before BENAVIDES, STEWART and SOUTHWICK, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner-appellant Kenneth E. Craven appeals the Benefits Review Board's ("Board") November 21, 2008 denial of his appeal to the Board, contending that the Board erred when it determined it did not have jurisdiction to consider his direct appeal that bypassed the Administrative Law Judge ("ALJ"). For the reasons discussed in greater detail below, the Court dismisses Craven's appeal for lack of subject matter jurisdiction since, as a result...

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