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BOOMTOWN BELLE CASINO v. BAZOR

No. 01-60705.

313 F.3d 300 (2002)

BOOMTOWN BELLE CASINO; Louisiana Workers' Compensation Corporation, Petitioners, v. Jerry Kate BAZOR, Widow of Ben Bazor; Director, Office of Worker's Compensation Programs, U.S. Department of Labor; Great-West Life and Annuity Insurance Company, Respondents.

United States Court of Appeals, Fifth Circuit.

December 6, 2002.

Attorney(s) appearing for the Case

David Keith Johnson (argued), Johnson, Stiltner & Rahman, Baton Rouge, LA, for Petitioners.

Marcus James Poulliard, Lloyd N. Frischhertz (argued), Frischhertz & Associates, New Orleans, LA, for Jerry Kate Bazor.

Kristin M. Dadey, Carol A. De Deo, U.S. Dept. of Labor, Washington, DC, Michael O. Brewer, U.S. Dept. of Labor, Employment Standards Admin., New Orleans, LA, for Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor.

Elizabeth S. Wheeler (argued), King, LeBlanc & Bland, New Orleans, LA, for Great-West Life & Annuity Ins. Co.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and HUDSPETH, District Judge.

CLEMENT, Circuit Judge:

Petitioner Boomtown Belle Casino ("Boomtown") asks this Court to set aside the Benefit Review Board's order affirming the award of compensation benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq., to Jerry Kate Bazor ("Bazor"), widow of Ben Bazor ("the Decedent"), and reimbursement to the Decedent's health insurer, Great-West Life and Annuity Insurance Company ("Great-West"). We reverse...

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