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PICKETT v. PETROLEUM HELICOPTERS, INC.

No. 00-60795.

266 F.3d 366 (2001)

Margie A. PICKETT (Widow of Joseph Pickett), Petitioner, v. PETROLEUM HELICOPTERS, INC.; Employers Insurance of Wausau, a Mutual Company; Director, Office of Worker's Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 28, 2001.

Attorney(s) appearing for the Case

J.B. Jones, Jr., Jennifer Ann Jones, Jones Law Firm, Cameron, LA, Warren B. Bosch, Denver, CO, for Petitioner.

Kenneth H. Laborde, Leo R. McAloon, III, Pulaski, Gieger & Laborde, New Orleans, LA, for Petroleum Helicopters, Inc. and Employers Ins. of Wausau.

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

Before JONES, SMITH, and DeMOSS, Circuit Judges.

PER CURIAM:

Margie Pickett appeals a decision of the Benefits Review Board ("BRB") that she does not qualify for death benefits regarding her late husband, Joseph Pickett, under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), as adopted in the Outer Continental Shelf Lands Act ("OCSLA"), 43 U.S.C. § 1333(b). We affirm.

I.

Joseph Pickett was a helicopter pilot for Petroleum Helicopters, Inc., performing contract services for Amerada...

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