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TEXPORTS STEVEDORES CO. v. DIRECTOR, OWCP

No. 90-4560.

931 F.2d 331 (1991)

TEXPORTS STEVEDORES CO., et al., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Edward M. Maples, and Joe Mazzanti, Respondents.

United States Court of Appeals, Fifth Circuit.

May 16, 1991.

Attorney(s) appearing for the Case

W. Robins Brice, Royston, Rayzor, Vickery & Williams, Houston, Tex., for Texports Stevedores Co., et al.

Joshua T. Gillelan, II, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Washington, D.C., for Director.

Stephen M. Vaughn, Sidney Ravkind, Mandell & Wright, Houston, Tex., for Mazzanti and Maples.

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

Before WISDOM, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

In these consolidated cases, the employers appeal a decision of the Benefits Review Board (BRB) awarding workers' compensation to two claimants. Both claimants recovered tort damages from third-party tortfeasors. The BRB held that the employers must resume workers' compensation payments when the total amount of compensation payments that would have been paid but for the tort recoveries exceeds the amount of those tort recoveries. The...

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