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WILKERSON v. INGALLS SHIPBUILDING, INC.

No. 96-60676.

125 F.3d 904 (1997)

Lovett R. WILKERSON, Petitioner, v. INGALLS SHIPBUILDING, INC.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

October 23, 1997.

Attorney(s) appearing for the Case

Mitchell G. Lattof, Sr., Lattof & Lattof, Mobile, AL, for Petitioner.

Richard P. Salloum, Traci Marie Castille, Franke, Rainey & Salloum, Gulfport, MS, Robert Joseph Ariatti, William J. Powers, Jr., Ingalls Shipbuilding, Inc. Law Department, Pascagoula, MS, for Ingalls Shipbuilding, Inc.

Before REYNALDO G. GARZA, SMITH and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I.

In 1972, Lovett Wilkerson retired after working fourteen years at the shipyard of Ingalls Shipbuilding, Inc. ("Ingalls"), in Pascagoula, Mississippi. The year before he retired, his average weekly wage was $167.70. In 1992, he underwent tests that revealed he suffered a permanent hearing loss in both ears, and the parties agree that he suffered a binaural hearing impairment of 19.23%. It is undisputed that his hearing loss...

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