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POOL CO. v. COOPER

Nos. 99-60615, 00-60093.

274 F.3d 173 (2001)

POOL COMPANY and Carrier; Signal Mutual Indemnity Association, Ltd., Petitioners, v. Otis L. COOPER; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

November 20, 2001.

Attorney(s) appearing for the Case

S. Daniel Meeks (argued), John B. Esnard, III, Reich, Meeks & Treadaway, Metairie, LA, for Petitioners.

Kristin M. Dadey (argued), Carol A. De Deo, Samuel Jay Oshinsky, U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, Michael O. Brewer, U.S. Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Director, Office of Worker's Comp. Programs.

Arthur Joseph Brewster (argued), Law Office of Arthur J. Brewster, Metairie, LA, for Cooper.

Before STEWART and PARKER, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge:

Petitioners Pool Company ("Pool") and its insurance carrier Signal Mutual Indemnity Association, Ltd. ("Signal"), appeal the decision of the Benefits Review Board ("BRB") awarding respondent Otis L. Cooper ("Cooper") temporary total disability benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA" or "Act"), 33 U.S.C. §§ 901 et seq. (1994). The petitioners allege that the BRB erred by affirming the determinations...

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