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SMITH v. AEROJET-GENERAL SHIPYARDS, INC.

Nos. 78-3794, 78-3818.

647 F.2d 518 (1981)

Thomas SMITH, Petitioner, v. AEROJET-GENERAL SHIPYARDS, INC., Transport Indemnity Company, and Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Respondents. Marie Wilson SMITH (Widow of Thomas Smith), Petitioner, v. AEROJET-GENERAL SHIPYARDS, INC., Transport Indemnity Company, and Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Petitioner, v. AEROJET-GENERAL SHIPYARDS, INC., Transport Indemnity Company, Thomas Smith and Marie Wilson Smith (Widow of Thomas Smith), Respondents.

United States Court of Appeals, Fifth Circuit. Unit B

As Amended on Denial of Rehearing September 28, 1981.

Attorney(s) appearing for the Case

Richard F. Pate and Stephen J. Flynn, Mobile, Ala., for Thomas and Marie Smith, etc.

Cowles, Coker & Meyers, Robert L. Cowles, James R. Barfield, Jacksonville, Fla., for Aerojet-General Shipyards, Inc. and Transport Indemnity Co.

Carin A. Clauss, Sol. of Labor, Joshua T. Gillelan, II, Laurie M. Streeter, Associate Sol., Washington, D.C., U.S. Dept. of Labor, for Director, O.W.C.P.

Before GODBOLD, Chief Judge, and TJOFLAT and VANCE, Circuit Judges.

TJOFLAT, Circuit Judge:

These consolidated Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. (1976), cases come to us on petition for review of a decision of the United States Department of Labor Benefits Review Board. We reverse the Board's decision and remand the cases for further proceedings.

I

Thomas Smith brought this action for compensation under the Longshoremen...

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