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EYMARD & SONS SHIPYARD v. SMITH

No. 87-4670.

862 F.2d 1220 (1989)

EYMARD & SONS SHIPYARD and Gulf Coast Insurance Company, Petitioners, v. McGee SMITH and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

January 13, 1989.

Attorney(s) appearing for the Case

Thomas W. Thorne, Jr., New Orleans, La., for petitioners.

Joshua T. Gillelan, II, T. Timothy Ryan, Jr., Solicitor, U.S. Dept. of Labor, Washington, D.C., Joseph M. Bruno, New Orleans, La., for respondents.

Linda Meekins, Clerk, Benefits Review Bd., Washington, D.C., for other interested parties.

Before CLARK, Chief Judge, GOLDBERG and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Respondent McGee Smith (Smith) was awarded benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950, for work-related silicosis, which the administrative law judge (ALJ) found to be a permanent total disability. Smith's employer, petitioners Eymard & Sons Shipyard (Eymard), and its insurer, Gulf Coast Insurance Company (Gulf Coast), sought the protection of the "secondary-injury" fund...

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