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ISLAND OPERATING COMPANY, INC. v. DIRECTOR

No. 12-60222.

738 F.3d 663 (2013)

ISLAND OPERATING COMPANY, INCORPORATED; Louisiana Workers' Compensation Corporation, Petitioners, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Martin B. Taylor, Jr., Respondents.

United States Court of Appeals, Fifth Circuit.

Filed: December 20, 2013.

Attorney(s) appearing for the Case

David Keith Johnson (argued), Esq., Johnson, Stiltner & Rahman, Baton Rouge, LA, for Petitioners.

Mark Ambrose Reinhalter, Counsel, Sean Bajkowski, Esq., Sarah Marie Hurley (argued), Esq., Rae Ellen James, Associate Solicitor, U.S. Department of Labor, Washington, DC, David Duhon, U.S. Department of Labor, William S. Vincent, Jr., Attorney, Vatroslav Jacob Garbin, Matthew Michael Livaccari (argued), Law Offices of William S. Vincent, Jr., New Orleans, LA, for Respondents.

Before DeMOSS, OWEN, and HAYNES, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge.

Island Operating Company and its carrier, the Louisiana Workers' Compensation Corporation (collectively, Island) have petitioned this court to review a modification of a benefits award under the Longshore and Harbor Workers' Compensation Act (LHWC Act). Island asks that we reverse the modified decision because the original judgment was not eligible for modification or alternatively, because the facts do not support the modification...

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