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TANNER v. INGALLS SHIPBUILDING, INC.

Nos. 92-4974, 92-5003 and 92-5034.

2 F.3d 143 (1993)

Caylor TANNER, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Petitioners, v. INGALLS SHIPBUILDING, INC., Respondent. Adolphus LEE, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Petitioners, v. INGALLS SHIPBUILDING, INC., Respondent. Norman WITTNER, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Petitioners, v. INGALLS SHIPBUILDING, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

September 21, 1993.

Attorney(s) appearing for the Case

John F. Dillon, Rebecca J. Ainsworth, Robin Reid, Maples & Lomax, Pascagoula, MS, for Ingalls Shipbuilding, Inc.

Karen B. Kracoy, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Washington, DC, for Director.

Richard P. Salloum, Traci M. Castille, Paul M. Franke, Franke, Rainey & Salloum, Gulfport, MS, William J. Powers, Jr., George M. Simmerman, Jr., Ingalls Shipbuilding, Inc., Pascagoula, MS, for petitioners.

Lisa L. Lahrman, Clerk, BRB, Washington, DC, for other interested parties.

Before WIENER, EMILIO M. GARZA, Circuit Judges, and LITTLE, District Judge.

LITTLE, District Judge:

The issue common to each appellant is whether occupational hearing loss claimants under the Longshoremen's and Harbor Workers' Compensation Act (the Act) are required to have their hearing disabilities compensated under subsection (A) or subsection (B) of 33 U.S.C. § 908(c)(13). Finding that subsection (A) is the applicable portion of the Act, we reverse the administrative decisions of the Benefits Review Board.

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