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DIRECTOR, WORKERS' COMP. v. BETHLEHEM STEEL CORP.

No. 90-4301.

949 F.2d 185 (1991)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BETHLEHEM STEEL CORPORATION, and James E. Dollins, Respondents.

United States Court of Appeals, Fifth Circuit.

December 26, 1991.

Attorney(s) appearing for the Case

Marianne D. Smith, Karen B. Kracov, Atty., U.S. Dept. of Labor, Office of Sol., Washington, D.C., for petitioner.

Brent W. Coon, Umphrey, Swearingen, Eddins & Carver, Beaumont, Tex., for respondents.

David B. Gaultney, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for Bethlehem Steel Corp.

Linda M. Meekins, Clerk, BRB, U.S. Dept. of Labor, Washington, D.C., for other interested parties.

Before BROWN, JOHNSON and WIENER, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The question in this case can be best discerned by a broad consideration of the usual operation under a typical workers' compensation regime.

Under the usual workers' compensation structure, a person suffering injury, which will keep him completely from being able to do any work, is regarded as total disability. If it will likely continue for an indefinite time, it is total permanent disability. If medical improvement...

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