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PIGRENET v. BOLAND MARINE & MFG. CO.

No. 79-1782.

656 F.2d 1091 (1981)

Robert L. PIGRENET, Sr., Petitioner, v. BOLAND MARINE & MANUFACTURING COMPANY and the Director of the Office of Workers' Compensation Programs of the Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 21, 1981.

Attorney(s) appearing for the Case

Pitard, Pitard & Porobil, Michael L. Lash, New Orleans, La., for petitioner.

Stewart E. Niles, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Boland Marine, etc.

Carin A. Clauss, Sol. of Labor, Mary A. Sheehan, U. S. Dept. of Labor, Washington, D. C., for Director, O.W.C.P.

Before GODBOLD, Chief Judge, BROWN, AINSWORTH, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK and WILLIAMS, Circuit Judges.

PER CURIAM:

In this Longshoremen's and Harbor Worker's Compensation Act (LHWCA) case, a divided panel of this court held that an administrative law judge may not use transcribed testimony to pass on the credibility of a material witness. 631 F.2d 1190 (5th Cir. 1980). Because the logic of this holding could be said to apply to the making of credibility choices in a wide range of forums, we took this case en banc.

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