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MILLS v. DIRECTOR, O.W.C.P., U.S. DEPT. OF LABOR

No. 87-4464.

846 F.2d 1013 (1988)

O'Neal MILLS, Jr., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, McDermott, Incorporated and Crawford and Company, Respondents.

United States Court of Appeals, Fifth Circuit.

June 13, 1988.

Attorney(s) appearing for the Case

Lawrence A. Arcell, Barker, Boudreaux, Lamy & Foley, New Orleans, La., for petitioner.

Joseph W. Looney, Marion L. Fagan, New Orleans, La., for McDermott & Crawford.

Joshua T. Gillelan, II, Washington, D.C., for Director, Office of Workers Compensation Program, U.S. Dept. of Labor.

Before RUBIN and POLITZ, Circuit Judges, and DUHE, District Judge.

DUHE, District Judge:

O'Neal Mills ("Mills") appeals the denial of Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. ("LHWCA") benefits. We reverse.

Mills, a land based welder employed by McDermott, Inc., was injured at its shipyard in Amelia, Louisiana when the basket in which he was working on shore was dropped by a land-based crane causing him to fall to the ground. For some six to twelve months prior to and including the...

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