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P & M CRANE CO. v. HAYES

Nos. 90-4376, 90-4460.

930 F.2d 424 (1991)

P & M CRANE CO. and Aetna Casualty & Surety Company, Petitioners, v. Arlo R. HAYES and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. SUDERMAN STEVEDORES and Texas Employers' Insurance Association, Petitioners, v. Godfrey A. GREEN and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 3, 1991.

Attorney(s) appearing for the Case

Steven L. Roberts, Fulbright & Jaworski, Houston, Tex., for petitioners in No. 90-4376.

David L. Monroe, Coleman, Bartlett & Assoc., Houston, Tex., for Hayes.

Karen B. Kracov, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Washington, D.C., for director in No. 90-4376.

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

Julia M. Adams, Fulbright & Jaworski, Houston, Tex., for petitioners in No. 90-4460.

Sarnie A. Randle, Jr., Houston, Tex., for Green.

Michael S. Hertzig, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Washington, D.C., for director in No. 90-4460.

Before REAVLEY, JONES and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 3, 1991.

JERRY E. SMITH, Circuit Judge:

These two cases, consolidated for oral argument, involve injured workers covered by the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. In each instance, the employer petitioners ("employers") contest the holdings of the Benefits Review Board (BRB) that employers can satisfy their alternative employment burden of proof only by providing...

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