SKETOE v. EXXON CO., USA

No. 98-60103.

188 F.3d 596 (1999)

Donald SKETOE, Petitioner, v. EXXON COMPANY, USA; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 13, 1999.


Attorney(s) appearing for the Case

Chris J. Roy, Sr., Alexandria, LA, Michael H. Schwartzberg, Lake Charles, LA, for Petitioner.

Patrick E. O'Keefe, Bennett Hammond Holt Biever, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Exxon Company, USA.

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

Before REAVLEY, POLITZ and SMITH, Circuit Judges.


REAVLEY, Circuit Judge:

This case presents the question of the back-up responsibility of a mineral lessee for longshoremen's compensation for the employee of a drilling contractor. Donald Sketoe and the Office of Workers' Compensation Programs (the Director) appeal an adverse decision of the Benefits Review Board (BRB), holding that Exxon was not obligated to pay Sketoe's compensation benefits. Because of the difference between the contractual obligation of Sketoe...

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