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STAFTEX STAFFING v. DIRECTOR, OWCP

No. 99-60587.

237 F.3d 404 (2000)

STAFTEX STAFFING and Houston General Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Ramiro Loredo, Respondents.

United States Court of Appeals, Fifth Circuit.

Revised July 25, 2000.

Attorney(s) appearing for the Case

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

Carol A. De Deo, U.S. Dept. of Labor, Dir., Office of Worker's Comp. Programs, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington, DC, Chris J. Gleasman, U.S. Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.

John Dale McElroy (argued), Ed W. Barton, Law Office of Ed W. Barton, Orange, TX, for Loredo.

Before REAVLEY, DAVIS and BARKSDALE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

In this appeal, Petitioner, Staftex Staffing, challenges an order of the United States Department of Labor Benefits Review Board, which affirmed an Administrative Law Judge's ("ALJ") order awarding attorney's fees and compensation payments to Claimant, Ramiro Loredo, pursuant to the Longshore and Harbor Worker's Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950. Staftex argues that the ALJ erred in calculating Claimant's average...

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