UNITED BRANDS CO. v. MELSON

No. 77-2904.

594 F.2d 1068 (1979)

UNITED BRANDS COMPANY, Petitioner, v. Thad MELSON, and the Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 3, 1979.


Attorney(s) appearing for the Case

George W. Healy, III, Patrick E. O'Keefe, New Orleans, La., for petitioner.

Orlando G. Bendana, Wayne H. Carlton, Jr., New Orleans, La., Carin A. Clauss, Sol. of Labor, Harry L. Sheinfeld, Gilbert T. Renaut, Atty., Laurie M. Streeter, Associate Sol., U. S. Dept. of Labor, Washington, D. C., for respondents.

Benefits Review Board, Washington, D. C., for other interested party.

Before THORNBERRY, GODBOLD and HILL, Circuit Judges.


THORNBERRY, Circuit Judge:

This is an unusual case arising under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. (Act). The claimant, Thad Melson, was employed by United Brands Company as a banana handler and a rigger for approximately thirteen (13) years. At United Brands, Melson engaged in strenuous manual labor such as the lifting of heavy equipment and the moving of numerous banana boxes. At the same time Melson was...

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