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GOODEN v. DIRECTOR, O.W.C.P.

No. 96-60751.

135 F.3d 1066 (1998)

Johnnie GOODEN, Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Ito Corporation, Respondents.

United States Court of Appeals, Fifth Circuit.

March 12, 1998.

Attorney(s) appearing for the Case

Marcus James Poulliard, Seelig, Cosse, Frischhertz & Poulliard, New Orleans, LA, for Johnnie Gooden.

Thomas O. Shepherd, Jr., Benefits Review Board, Carol DeDeo, Assoc. Solicitor, U.S. Dept. of Labor, Washington, DC, for Director, O.W.C.P.

Robert Evan Thomas, New Orleans, LA, for ITO Corporation.

Before POLITZ, Chief Judge, GARWOOD and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner Gooden (Gooden) was a longshoreman employed by ITO Corporation (ITO) as a forklift operator. On November 13, 1990, Gooden suffered a heart attack that necessitated a triple coronary bypass surgery three days later. Unable to work after the surgery, Gooden sought benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. (LHWCA).

The claim was referred to an Administrative Law Judge...

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