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GRANT v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION

No. 06-60439.

502 F.3d 361 (2007)

Carol Y. GRANT, Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. Department of Labor; P&O Ports Texas, Inc., Respondents.

United States Court of Appeals, Fifth Circuit.

September 28, 2007.

Attorney(s) appearing for the Case

Carol Y. Grant, Houston, TX, pro se.

Helen Hart Cox (argued), OSHA, Mark Ambrose Reinhalter, Donald Shire, U.S. Dept. of Labor, Thomas O. Shepard, Jr., Clerk, Benefits Rev. Bd., Washington, DC, Chris J. Gleasman, U.S. Dept. of Labor, OWCP-Longshore Div., Houston, TX, for Dir.

Gus David Oppermann, V (argued), Charles D. Wheat, Wheat, Oppermann & Meeks, P.C., Houston, TX, for P&O Ports Texas, Inc.

Before DAVIS, BARKSDALE and PRADO, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

An Administrative Law Judge (ALJ) dismissed Carol Grant's compensation claim under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 921(c). The Benefits Review Board (BRB) dismissed her appeal from that order as untimely. Grant contends her appeal was not untimely (indeed, was premature) because the ALJ's order from which she had to appeal was never filed, contrary to 33 U.S.C. § 921(a). Respondent...

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