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CERES MARINE TERMINAL v. DIRECTOR, OWCP

No. 96-60716.

118 F.3d 387 (1997)

CERES MARINE TERMINAL; Ceres Gulf, Inc., Petitioners, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fifth Circuit.

July 31, 1997.

Attorney(s) appearing for the Case

Kenneth G. Engerrand, Cynthia Ann Galvan, Brown, Sims, Wise & White, Houston, TX, for Petitioners.

Laura Jessica Stomski, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Dir., Office of Worker's Comp. Programs, Washington, DC, Michael Scott Hertzig, Washington, DC, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington, DC. for Respondent.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Billy Allred, who injured his left shoulder and neck during the course and scope of his employment as a longshore worker, sought and received workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA" or "the Act"), 33 U.S.C. §§ 901-50. Based in part on findings that Allred suffered from pre-existing permanent partial disabilities and that his employment...

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