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BIENVENU v. TEXACO, INC.

No. 96-60625.

164 F.3d 901 (1999)

Carl BIENVENU, Petitioner, v. TEXACO, INC.; Director, Office of Worker's Compensation Programs, U.S. Department of Labor; Insurance Company of North America, Respondents.

United States Court of Appeals, Fifth Circuit.

January 11, 1999.

Attorney(s) appearing for the Case

David Bruce Allen, Stephen M. LaRussa & Associates, Houma, LA, for Petitioner.

Wayne G. Zeringue, Jr., Elizabeth Slatten Healy, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John D. Fitzmorris, Jr., Courtenay, Forstall, Hunter & Fontana, New Orleans, LA, for Texaco, Inc. and Insurance Co. of North America.

Michael Scott Hertzig, Washington, DC, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Carol A. De Deo, U.S. Dept. of Labor, Dir., Office of Workers Comp. Programs, Joshua T. Gillelan, II, Office of the Sol. of Labor, Washington, DC, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.

Before POLITZ, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM and W. EUGENE DAVIS, Circuit Judges:

Carl Bienvenu seeks benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) for injuries sustained on navigable waters during the course of his employment. His petition requires us to enter the unsettled waters of our LHWCA jurisprudence. In deciding that Bienvenu is entitled to LHWCA benefits, we right our wayward precedent and chart a smoother course for future panels to follow.

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