ODOM CONST. CO. v. U. S. DEPT. OF LABOR

No. 78-1483.

622 F.2d 110 (1980)

ODOM CONSTRUCTION COMPANY, INC., Employer, and American Mutual Insurance Company, Carrier, Petitioners, v. UNITED STATES DEPARTMENT OF LABOR and Director, Office of Workers' Compensation Programs, United States Department of Labor, and Garfield Maze, Jr., Respondents.

United States Court of Appeals, Fifth Circuit.

July 21, 1980.


Attorney(s) appearing for the Case

Mouton, Roy, Carmouche, Bivins & Hill, John A. Bivins, Lafayette, La., for petitioners.

John E. Conery, Franklin, La., for G. Maze, Jr.

Ralph M. Hartman, Director Office of Workers' Compensation Programs, U. S. Dept. of Labor, Mary A. Sheehan, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before GODBOLD, GARZA and RANDALL, Circuit Judges.


GODBOLD, Circuit Judge:

This is a petition by the employer and its insurer for review of a decision by the Benefits Review Board affirming an Administrative Law Judge's award to the respondent Maze of permanent disability benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. ("LHWCA"). The petitioners raise three arguments: (1) Maze was not a covered "employee" within the meaning of 33 U.S.C. § 902(3);

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