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TARVER v. BO-MAC CONTRACTORS, INC.

No. 03-61028.

384 F.3d 180 (2004)

Bret TARVER, Petitioner, v. BO-MAC CONTRACTORS, INC.; Liberty Mutual Ins.; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

September 21, 2004.

Attorney(s) appearing for the Case

John Dale McElroy, Ed W. Barton, Barton, Price & McElroy, Orange, TX, for Petitioner.

John C. Elliott, Thomas C. Fitzhugh, III, Fitzhugh & Elliott, Houston, TX, for Bo-Mac Contractors Inc. and Liberty Mut. Ins.

Kathleen Hwang Kim, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., U.S. Dept. of Labor, Washington, DC, David Duhon, U.S. Dept. of Labor, Employment Standards Admin., New Orleans, LA, for Director, Respondent.

Before JOLLY, JONES and CLEMENT, Circuit Judges.

PER CURIAM:

Respondent Bo-Mac Contractors, Inc. ("Bo-Mac") agreed to build two barge slips on vacant, dry land near the intracoastal waterway in Carlyss, Louisiana. Petitioner Bret Tarver, a welder hired by Bo-Mac, was seriously injured during the construction project. While working on the land side of the excavation, an 80-foot beam came loose and pinned Tarver to construction scaffolding. At the time of Tarver's injury, the construction site had been cleared and...

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