BPU MANAGEMENT v. DIRECTOR OFFICE OF WORKERS'

No. 12-60289.

732 F.3d 457 (2013)

BPU MANAGEMENT, INCORPORATED/SHERWIN ALUMINA COMPANY; Liberty Mutual Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; David Martin, Respondents.

United States Court of Appeals, Fifth Circuit.

October 8, 2013.


Attorney(s) appearing for the Case

John C. Elliott (argued), Thomas C. Fitzhugh, III, Esq. , Fitzhugh, Elliott & Ammerman, P.C., Houston, TX, for Petitioners.

Rita Ann Roppolo , Rae Ellen James , Associate Solicitor, Mark Ambrose Reinhalter , Counsel, U.S. Department of Labor, Thomas O. Shepherd, Jr. , Clerk, Washington, DC, Chris J. Gleasman , U.S. Department of Labor, Houston, TX, Daniel F. Home (argued), Stone & Home, L.L.P., Corpus Christi, TX, for Respondents.

Before DAVIS and JONES, Circuit Judges, and MILAZZO, District Judge.


W. EUGENE DAVIS, Circuit Judge:

Petitioner BPU Management Inc./Sherwin Alumina Co. ("Sherwin") employed Respondent David Martin ("Martin") as a dockworker at its waterside ore processing facility. When Martin was injured in one of the facility's underground ore transport tunnels, the Benefits Review Board ("BRB") ordered Sherwin to pay Martin benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA" or "the Act"). Because we conclude that the underground...

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