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MARATHON OIL CO. v. LUNSFORD

No. 83-4038.

733 F.2d 1139 (1984)

MARATHON OIL COMPANY and Hartford Accident & Indemnity Company, Petitioners, v. Michael J. LUNSFORD and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 8, 1984.

Attorney(s) appearing for the Case

Burke & Mayer, Joseph P. Tynan, New Orleans, La., for petitioners.

Kevin J. Galatas, New Orleans, La., T. Timothy Ryan, Jr., Sol. of Labor, Marianne Demetral Smith, William C. Jacobs, Director, Office of Workers' Compensation, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before WISDOM, REAVLEY and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

Michael Lunsford suffered a cervical strain as a result of a work-related accident that occurred in 1976. Our question is whether a 1979 claim for disability due to a herniated disc, unknown to Lunsford earlier but arising out of the 1976 accident, was barred by the one-year statute of limitations of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 913(a) (1976). We agree with the Board and Administrative Law Judge...

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