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CERES GULF v. COOPER

No. 91-2097.

957 F.2d 1199 (1992)

CERES GULF and ESIS/INA, Plaintiffs-Appellees, v. Cleaster COOPER, Defendant, Director, Office of Workers' Compensation Programs (U.S. Department of Labor), Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 21, 1992.

Attorney(s) appearing for the Case

Edward D. Sieger, Allen H. Feldman, Assoc. Sol., Steven J. Mandel, Deputy Assoc. Sol., U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for intervenor-appellant.

Kenneth G. Engerrand, Cynthia A. Galvan, Brown, Sims, Wise & White, Houston, Tex., for plaintiffs-appellees.

Before HIGGINBOTHAM and BARKSDALE, Circuit Judges, and McBRYDE, District Judge.

BARKSDALE, Circuit Judge:

Primarily at issue is subject matter jurisdiction vel non for an original action in district court against a former employee to recover advance payments made under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA), when additional LHWCA compensation is not owed the employee and the relief sought is not permitted, either procedurally or substantively, by the Act. After being denied such...

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