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HENRY v. COORDINATED CARIBBEAN TRANSPORT

No. 98-60303.

204 F.3d 609 (2000)

Mayola A. HENRY, Surviving Spouse of Johnnie Henry and His Sole Legatee, Petitioner, v. COORDINATED CARIBBEAN TRANSPORT; American Motorists Insurance Company; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

February 18, 2000.

Attorney(s) appearing for the Case

J. Wayne Mumphrey (argued), Claude S. Mumphrey, II, Law Office of J. Wayne Mumphrey, Chalmette, LA, for Petitioner.

David Lee Barnett (argued), New Orleans, LA, for Coordinated Caribbean Transport and American Motorists Ins. Co.

Daniel Thomas Gresh (argued), Carol A. De Deo (Dir., Office of Workers Comp. Programs), U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.

Before JONES and WIENER, Circuit Judges, and LITTLE, District Judge.

EDITH H. JONES, Circuit Judge:

The issue in this case is whether an agreement between an injured longshoreman's attorney, the employer, and its insurance carrier is enforceable where the employee died before a settlement application conforming to LHWCA regulations was prepared or executed. We affirm the decision of the Benefits Review Board ("BRB") that no valid settlement agreement existed pursuant to section 8(i) of the...

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