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WEAVER v. INGALLS SHIPBUILDING, INC.

No. 00-60475.

282 F.3d 357 (2002)

Claude O. WEAVER, Petitioner, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent, v. INGALLS SHIPBUILDING, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

February 26, 2002.

Attorney(s) appearing for the Case

Mitchell G. Lattof, Sr. (argued), Lattof & Lattof, Mobile, AL, for Petitioner.

Carol A. De Deo, Laura Jessica Stomski, Kristin M. Dadey (argued), 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 Compensation Programs, U.S. Dept. of Labor.

Richard P. Salloum, Traci Marie Castille (argued), Franke, Rainey & Salloum, Gulfport, MS, for Ingalls Shipbuilding, Inc.

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Claude Weaver appeals a decision of the Benefits Review Board ("BRB") affirming an award of attorney's fees by the district director. We reverse and remand.

I.

On February 4, 1992, Weaver filed a claim for hearing loss under the Longshore and Harbor Workers' Compensation Act ("LHWCA") against his former employer, Ingalls Shipbuilding, Inc. ("Ingalls"), which controverted the claim on February 11.1...

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