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AVONDALE SHIPYARDS, INC. v. GUIDRY

No. 91-4303.

967 F.2d 1039 (1992)

AVONDALE SHIPYARDS, INC., Petitioner, v. RONALD J. GUIDRY and Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Fifth Circuit.

August 6, 1992.

Attorney(s) appearing for the Case

Patrick J. Veters, Joseph J. Lowenthal, Jr., Jones, Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, La., for Avondale Shipyards, Inc.

LuAnn Kressley, Carole Dedeo, Assoc. Solicitor, U.S. Dept. of Labor, Washington, D.C., for Director.

Douglass M. Moragas, Metairie, La., for Guidry.

Lisa L. Lahrman, Clerk, Benefits Review Bd., Washington, D.C., for Other interested parties.

Before BRIGHT, JOLLY, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

At issue is permanent partial disability "wage earning capacity", 33 U.S.C. § 908(h), for purposes of the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. Because the Administrative Law Judge (ALJ) and Benefits Review Board (BRB) applied a standard more stringent than that utilized in this circuit, we VACATE and REMAND.

I.

In July 1979, Ronald J. Guidry injured his neck while...

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