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BOURGEOIS v. AVONDALE SHIPYARDS, INC.

No. 96-60608.

121 F.3d 219 (1997)

Robert A. BOURGEOIS, Petitioner, v. AVONDALE SHIPYARDS, INC., Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 9, 1997.

Attorney(s) appearing for the Case

Iddo Pittman, Jr., Hammond, LA, for Petitioner.

Wayne G. Zeringue, Jr., Elizabeth Slatten Healy, Jones, Walker, Waechter, Poitevent, Carrence & Denegre, New Orleans, LA, for Respondent Avondale Shipyards, Inc.

Paul T. Trayers, Clerk, Benefits Review Board, Washington, DC, Carol DeDeo, Assoc. Solicitor, U.S. Department of Labor, Dir., Office of Workers Comp. Programs, Washington, DC, for Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor, Respondent.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Background

On May 13, 1973, Robert A. Bourgeois ("Bourgeois"), appellant, was employed at Avondale Shipyards, Inc. ("Avondale") when he fell into a barge and, among other things, broke his left wrist. At that time, he was earning $229.90 per week and was paid a weekly Longshoremen's and Harbor Workers' Compensation Act ("LHWCA")1 benefit of $153...

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