AETNA CASUALTY & SURETY CO., Petitioner,
v.
DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Eva Jourdan, (Widow of E. Elliot Jourdan); Equitable Equipment Company, A Subsidiary of Trinity Industries, Incorporated; Fidelity & Casualty Company of New York; Wausau Insurance Company, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 22, 1996.
October 22, 1996.
Attorney(s) appearing for the Case
Timothy M. Waller, Sr., Robert J. May, Lenfant & Associates, Metairie, LA, for petitioner.
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, respondent.
Thomas S. Derveloy, Jr., Covington, LA, for Eva Jourdan, (Widow of E. Elliot Jourdan), respondent.
Peter L. Hilbert, Jr., Darnell S. Bludworth, McGlinchey, Stafford & Lang, New Orleans, LA, for Equitable Equipment Co., respondent.
James R. Logan, IV, John M. Sartin, Jr., Cornelius, Sartin & Murphy, New Orleans, LA, for Fidelity & Casualty Company of New York, respondent.
Dean A. Sutherland, New Orleans, LA, for Wausau Insurance Company, respondent.
Before JONES and WIENER, Circuit Judges, and FURGESON, District Judge.
United States Court of Appeals, Fifth Circuit.
WIENER, Circuit Judge:
This appeal presents narrow procedural questions concerning the timeliness of appeals to the Benefits Review Board (BRB) under regulations promulgated pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA).1 More particularly, we are asked to determine whether the BRB properly dismissed an insurer's appeal from a decision of an Administrative Law Judge (ALJ...
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