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HOWARD v. REBEL WELL SERVICE

No. 80-3068.

632 F.2d 1348 (1980)

Arthur HOWARD, Petitioner, v. REBEL WELL SERVICE, Highlands Insurance Company, and Director, Office of Workers' Compensation, U. S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit Unit A.

December 19, 1980.

Attorney(s) appearing for the Case

Henderson, Hanemann & Morris, J. Mark Graham, Houma, La., for petitioner.

Mark C. Walters, U. S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation.

Robert E. Peyton, New Orleans, La., for Rebel Well & Highlands Ins. Co.

Before COLEMAN, Chief Judge, CHARLES CLARK and REAVLEY, Circuit Judges.

CHARLES CLARK, Circuit Judge:

A majority of the Benefits Review Board (Board) denied Longshoremen's and Harbor Workers' Compensation Act (Act) benefits to Arthur Howard because it concluded Howard failed to show he "clearly and regularly spent a substantial part of his time in indisputably maritime employment ...." In Boudloche v. Howard Trucking Co., Inc., 632 F.2d 1346, decided today, we have rejected this test as inconsistent...

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