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PHILLIPS v. MARINE CONCRETE STRUCTURES, INC.

Nos. 88-4776, 88-4789.

895 F.2d 1033 (1990)

Edward R. PHILLIPS, Petitioner-Cross-Respondent, v. MARINE CONCRETE STRUCTURES, INC., and United States Fidelity and Guaranty Company, Respondents-Cross-Petitioners, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Edward R. PHILLIPS, Marine Concrete Structures, Incorporated, and United States Fidelity and Guaranty Company, Respondents.

United States Court of Appeals, Fifth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

Stephen A. Anderson, Bryan, Nelson, Allen, Gulfport, Miss., for Edward R. Phillips.

Paul B. Howell, Franke, Rainey & Salloum, Gulfport, Miss., for Marine Concrete Structures, Inc. and U.S. Fidelity and Guar. Co.

Nathaniel I. Spiller, Charles I. Hadden, Ann McLaughlin, Sec. of Labor, George R. Salem, Sol. of Labor, U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs.

Before CLARK, Chief Judge, GEE, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH and DUHE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In this matter, a panel of this court, viewing itself bound by the holding of a prior panel in Holliday v. Todd Shipyards Corp., 654 F.2d 415 (5th Cir. Unit A Aug. 1981), affirmed the calculation of benefits to petitioner Edward Phillips made by the Benefits Review Board (BRB) under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. Phillips v. Marine...

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