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WARREN BROS. v. NELSON

No. 78-3407.

635 F.2d 552 (1980)

WARREN BROTHERS, a Division of Ashland Oil Industries and Insurance Company of North America, Petitioners, v. Robert NELSON, Jr. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 5, 1980.

Attorney(s) appearing for the Case

Alexander W. Dann, Jr., Dann, Davis, Davis, Blackburn & Shields, Jeff Bloomfield, Memphis, Tenn., for petitioners.

Burch, Porter & Johnson, Memphis, Tenn., Joshua T. Gillelan, II, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before EDWARDS, Chief Judge, and MERRITT and BOYCE F. MARTIN, Jr., Circuit Judges.

MERRITT, Circuit Judge.

The question presented is whether respondent, an injured truck driver, is entitled to compensation as an "employee" covered under § 2(3) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 902(3) (1978) ("Act" or "LHWCA"). The Department of Labor Benefits Review Board held that he is. We affirm.

I.

Nelson was employed by petitioner Warren Brothers, a company engaged in asphalt manufacturing...

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