MUNGUIA v. CHEVRON U.S.A. INC.

No. 92-4380.

999 F.2d 808 (1993)

Noel E. MUNGUIA, Petitioner, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent, v. CHEVRON U.S.A. INC., Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 18, 1993.


Attorney(s) appearing for the Case

Frank A. Silvestri, M. Damien Savoie, John Paul Massicot, Marilyn Brassette, Silvestri & Massicot, New Orleans, LA, for petitioner.

Josh T. Gillelan, II, Diane Turner, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Washington, DC, for Director.

Mary L. Grier Holmes, Patrick A. Talley, Jr., Vinson J. Knight, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, for Chevron U.S.A. Inc.

Lisa L. Lahrman, Clerk, Benefits Review Bd., Washington, DC, for Benefits Review Bd.

Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Noel Munguia appeals a decision of the Benefits Review Board (the "Board") of the United States Department of Labor, rejecting his claim for benefits under the Longshore and Harbor Workers' Compensation Act (the "Act"), 33 U.S.C. § 901 et seq. (1988), for injuries sustained while in the employ of Chevron, U.S.A., Inc. ("Chevron"). We affirm the Board's decision, but for reasons different from those relied upon by the Board.

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