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B & D CONTRACTING v. PEARLEY

No. 07-60495.

548 F.3d 338 (2008)

B & D CONTRACTING; Zurich American Insurance Co., Petitioners, v. Otis PEARLEY; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

November 6, 2008.

Attorney(s) appearing for the Case

Richard S. Vale, Pamela Ferrage Noya, Blue Williams, Metairie, LA, for Petitioners.

Pete Lewis, Lewis & Caplan, New Orleans, LA, for Pearley.

Bruce C. Canetti, Mark Ambrose Reinhalter, Donald Shire, 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 Dir.

Before REAVLEY, CLEMENT and PRADO, Circuit Judges.

PRADO, Circuit Judge:

B & D Contracting ("B&D") and Zurich American Insurance Company petition this court for review of the Benefits Review Board's ("BRB") order affirming an administrative law judge's ("ALJ") award of disability benefits to Otis Pearley ("Pearley") pursuant to the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950. The issue in this appeal is whether the ALJ and the BRB properly classified B&D's per...

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