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STRACHAN SHIPPING CO. v. NASH

No. 83-4332.

751 F.2d 1460 (1985)

STRACHAN SHIPPING CO. and Texas Employers' Insurance Association, Petitioners, v. Earl F. NASH and Director, Office of Workers' Compensation Programs, United States Dept. of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

February 4, 1985.

Attorney(s) appearing for the Case

Steven L. Roberts, Houston, Tex., for petitioners.

T. Timothy Ryan, Jr., Joshua T. Gillelan, II, Sols. of Labor, U.S. Dept. of Labor, Marianne Demetral Smith, Atty., Dept. of Labor, Washington, D.C., for respondents.

Stephen M. Vaughan, Houston, Tex., for Earl F. Nash.

James T. Smith, Asst. Deputy Comm., U.S. Dept. of Labor, Galveston, Tex., Agnes G. Kurtz, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for other interested parties.

Before CLARK, Chief Judge, JOHNSON and WILLIAMS, Circuit Judges:

JERRE S. WILLIAMS, Circuit Judge:

Respondent Earl F. Nash sought benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 (1982), for the permanent partial disability that his right knee sustained during his longshoring work for petitioner Strachan Shipping Company. Two prior injuries had partly disabled the knee, but respondent received compensation only for the second one. The Benefits Review Board adjudged Strachan...

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