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SHELL OFFSHORE v. DIRECTOR, OFFICE OF WORKER'S COMP. PROGRAMS

Nos. 96-60634, 96-60692.

122 F.3d 312 (1997)

SHELL OFFSHORE, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Fernon Gilliam, Respondents. SHELL PIPE LINE CORP., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Lee H. Cafiero, Respondents.

United States Court of Appeals, Fifth Circuit.

September 24, 1997.

Attorney(s) appearing for the Case

Jeffrey I. Mandel, Metairie, LA, for Petitioners.

Allen Howard Feldman, Nathaniel I. Spiller, U.S. Department of Labor, Washington, DC, Thomas O. Shepherd, Jr., 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 in both cases.

Scott Glabman, U.S. Department of Labor, Washington, DC, for Director, in No. 96-60634.

Pressley Charles Calahan, New Iberia, LA, for Fernon Gilliam, Respondent.

Martin Samuel Triche, Napoleonville, LA, for Lee H. Cafiero, Respondent.

Elizabeth Hopkins, U.S. Department of Labor, Washington, DC, for Director in No. 96-60692.

Before KING, DUHÉ and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

BACKGROUND

These consolidated appeals present two issues: 1) whether the Omnibus Consolidated Rescissions and Appropriations Act of 1996 violates due process by automatically affirming claims older than one year as of September 12, 1996 and 2) what compensation, if any, two offshore workers are entitled to under the Longshore and Harbor Workers' Compensation Act. We find the Appropriations Act constitutional. We also affirm the...

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