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DARBY v. INGALLS SHIPBUILDING, INC.

No. 96-60029, Summary Calendar.

99 F.3d 685 (1996)

Rene M. DARBY and Office of Worker's Compensation Programs, United States Department of Labor, Petitioners, v. INGALLS SHIPBUILDING, INC., a Self-Insured Employer, Respondent.

United States Court of Appeals, Fifth Circuit.

November 13, 1996.

Attorney(s) appearing for the Case

Blewett William Thomas, Gulfport, MS, for Darby.

Mark Ambrose Reinhalter, Office of the Solicitor of Labor, Washington, DC, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington, DC, Carol DeDeo, Assoc. Solicitor, United States Department of Labor, Dir., Office of Workers Comp. Programs, Washington, DC, for Director, Office of Worker's Compensation Programs, U.S. Department of Labor, petitioner.

Paul B. Howell, Richard P. Salloum, Franke, Rainey & Salloum, Gulfport, MS, for respondent.

Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Rene Darby petitions for review of a decision of the Benefits Review Board ("BRB") affirming an order by an administrative law judge ("ALJ") consisting of a Decision and Order Awarding Additional Benefits, all pursuant to the Longshore and Harbor Workers' Compensation Act (the "Act"), as amended, 33 U.S.C. § 901 et seq. We grant the petition in part and vacate and remand in part.

I.

Darby was employed by...

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