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THIBODEAUX v. GRASSO PRODUCTION MANAGEMENT INC.

No. 03-60131.

370 F.3d 486 (2004)

Randall THIBODEAUX, Petitioner, v. GRASSO PRODUCTION MANAGEMENT INC.; Signal Mutual Indemnity Association Limited, Carrier; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

May 18, 2004.

Attorney(s) appearing for the Case

Jennings Bryan Jones, III (argued), Jones Law Firm, Cameron, LA, for Thibodeaux.

Joshua T. Gillelan, II, Carol A. De Deo, U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, David Duhon, U.S. Dept. of Labor, Employment Standards Admin., New Orleans, LA, for Director, Office of Worker's Comp. Programs U.S. Dept. of Labor.

Edward S. Johnson, Robert C. Martell (argued), Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for Grasso Production Management Inc. and Signal Mut. Indem. Ass'n Ltd., Carrier.

Before JONES, MAGILL and SMITH, Circuit Judges.

MAGILL, Circuit Judge:

Randall Thibodeaux petitions for review of an order of the Department of Labor Benefits Review Board ("Board") denying him benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901, et seq. (2000). Thibodeaux sought compensation under the LHWCA after injuring himself while working on a fixed oil production platform in the territorial waters of Louisiana. An administrative law judge held that Thibodeaux...

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