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AVONDALE INDUSTRIES, INC. v. PULLIAM

No. 97-60569, Summary Calendar.

137 F.3d 326 (1998)

AVONDALE INDUSTRIES, INC., Petitioner, v. Rodney PULLIAM; Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

March 31, 1998.

Attorney(s) appearing for the Case

Joseph J. Lowenthal, Jr., R. Scott Jenkins, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Petitioner.

Joseph Paul Demarest, Favret, Demarest, Russo & Lutkewitte, New Orleans, LA, for Pulliam.

Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Dir., Office of Workers Comp. Programs, Washington, DC, for Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor.

Before DUHÉ, DeMOSS and DENNIS, Circuit Judges.

DUHÉ, Circuit Judge:

Appellee injured his shoulder and sued Appellant, his former employer, for permanent and total disability payments under the Longshore and Harbor Workers' Compensation Act. The administrative law judge awarded him permanent, partial disability payments and calculated his wage earning capacity by averaging the hourly wage of five jobs which Appellant had found for Appellee. The Benefits Review Board affirmed. The res nova issue presented...

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