PHILLIPS v. MARINE CONCRETE STRUCTURES, INC.

Nos. 88-4776, 88-4789.

877 F.2d 1231 (1989)

Edward R. PHILLIPS, Petitioner, Cross-Respondent, v. MARINE CONCRETE STRUCTURES, INC. and United States Fidelity and Guaranty Company, Respondents, Cross-Petitioners and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Edward R. PHILLIPS, Marine Concrete Structures, Incorporated and U.S. Fidelity and Guaranty Company, Respondents.

United States Court of Appeals, Fifth Circuit.

Order on Grant of Rehearing August 30, 1989.


Attorney(s) appearing for the Case

Stephen A. Anderson, Bryan, Nelson & Allen, Gulfport, Miss., for phillips.

Paul B. Howell, Franke, Rainey & Salloum, Gulfport, Miss., for Marine Concrete Structures, Inc. and USF & G.

Nathaniel I. Spiller, Charles I. Hadden, Ann McLaughlin, Secretary of Labor, George R. Salem, Sol. of Labor, U.S. Dept. of Labor, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.


Order on Grant of Rehearing En Banc August 30, 1989.

JERRY E. SMITH, Circuit Judge:

In this case, we are asked to decide three issues relating to whether the Benefits Review Board (BRB) properly determined the amounts of compensation due an injured maritime worker under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. Bound by a decision of a prior panel, we affirm.

I.

Claimant Edward R. Phillips...

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