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UNIVERSAL FABRICATORS, INC. v. SMITH

No. 88-4458.

878 F.2d 843 (1989)

UNIVERSAL FABRICATORS, INC., Petitioner, v. Carl SMITH and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

July 31, 1989.

Attorney(s) appearing for the Case

Howard L. Murphy, Deutsch, Kerrigan & Stiles, New Orleans, La., for petitioner.

Larry Thomas Richard, Cline, Miller & Richard, Rayne, La., for Smith.

Janet R. Dunlop, Donald S. Shire, Sol., U.S. Dept. of Labor, Washington, D.C., for Dept. of Labor.

Linda M. Meekins, Clerk, Dept. of Labor, BRB, Benefits Review Bd., Washington, D.C., for other interested parties.

Before GEE, SMITH and DUHE, Circuit Judges.

GEE, Circuit Judge:

Background

In 1982 the respondent, Carl Smith, suffered a back injury while working as a structural fitter for Universal Fabricators, Inc. In 1985 he brought an action under the Longshore and Harbor Workers' Compensation Act (LHWCA) for benefits. The Administrative Law Judge (ALJ) found that the status, situs and filing requirements of the LHWCA were met and ordered Universal to pay LHWCA benefits from the date of the injury, minus...

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