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TOTAL MARINE SERVICES v. DIRECTOR, WORKER'S COMP.

No. 95-60421.

87 F.3d 774 (1996)

TOTAL MARINE SERVICES, INCORPORATED; Aetna Casualty & Surety Company, Petitioners, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; C.P.S. Staff Leasing; Employer's Casualty Insurance Company, Respondents.

United States Court of Appeals, Fifth Circuit.

July 16, 1996.

Attorney(s) appearing for the Case

Vincent William Farrington, Jr., Cornelius, Sartin & Murphy, New Orleans, LA, for Petitioners.

Joshua T. Gillelan, II, 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.

Thomas W. Thorne, Jr., Lemle & Kelleher, New Orleans, LA, for C.P.S. Staff Leasing and Employer's Casualty Insurance Company.

Before JOLLY, DUHÉ, and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Total Marine Services, Inc., appeals from a final order of the Benefits Review Board (the "BRB") awarding CPS Staff Leasing, Inc., reimbursement for the compensation benefits it paid under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (the "LHWCA"), to Wayne Arabie, its injured employee who had been "borrowed" by Total Marine. We affirm the BRB's final order because Total Marine, as Arabie's "borrowing...

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