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AMERADA HESS CORP. v. DIRECTOR, OFFICE OF WORKER'S COMP.

No. 07-60216.

543 F.3d 755 (2008)

AMERADA HESS CORP.; Liberty Mutual Insurance Co., Petitioners, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. Department of Labor; Eddie D. Dover, Respondents.

United States Court of Appeals, Fifth Circuit.

September 30, 2008.

Attorney(s) appearing for the Case

Thomas C. Fitzhugh, III (argued), Bradley T. Soshea, Brent Taylor Caldwell, Fitzhugh, Elliott & Ammerman, Houston, TX, for Petitioners.

Mark Ambrose Reinhalter, Donald Shire, U.S. Dept. of Labor, Thomas O. Shepherd, Jr. Clerk, Benefits Review Bd., Washingon, DC, Chris J. Gleasman, U.S. Dept. of Labor, OWCP—Longshore Div., Houston, TX, for Respondent Director.

Joshua T. Gillelan, II (argued), Longshore Claimants' Nat. Law Ctr., Washington, DC, for Dover.

Before REAVLEY, JOLLY and GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Amerada Hess Corp. and its insurer, Liberty Mutual Insurance Co. (collectively, "Hess"), petition this court to reverse the decision and order of the Benefits Review Board ("BRB") that affirmed the decision of the Administrative Law Judge ("ALJ") to award disability benefits to Eddie Dover under the Longshore and Harbor Workers' Compensation Act ("LHWCA"). For the reasons that follow, we VACATE the ALJ's award of medical expenses for...

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