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LOUISIANA INS. GUAR. v. DIR., OFFICE, WORK. COMP.

No. 09-60509.

614 F.3d 179 (2010)

LOUISIANA INSURANCE GUARANTY ASSOCIATION; Baton Rouge Marine Contractors, Inc., Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. Department of Labor; National Ben Franklin Insurance Company, Pittsburgh, Pennsylvania; Fidelity and Casualty Company of New York; Robert Harvey, Respondents.

United States Court of Appeals, Fifth Circuit.

August 10, 2010.

Attorney(s) appearing for the Case

Henry Gerard Terhoeve, Stephen Dale Cronin (argued), Guglielmo, Marks, Schutte, Terhoeve & Love, Baton Rouge, LA, for LA Ins. Guaranty Ass'n.

Patrick Edelen Costello (argued), Mouledoux, Bland, Legrand & Brackett, L.L.C., New Orleans, LA, for Baton Rouge Marine Contractors, Inc.

Matthew W. Boyle (argued), Rae Ellen James, Mark Ambrose Reinhalter, Counsel, U.S. Dept of Labor, Office of Sol., Washington, DC, David Duhon, U.S. Dept. of Labor, New Orleans, LA, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.

Vincent William Farrington, Jr., Farrington & Thomas, L.L.C., New Orleans, LA, for Nat. Ben Franklin Ins. Co., Pittsburgh, PA, and Fidelity & Cas. Co. of NY.

John Foster Dillon (argued), Law Office of John F. Dillon, Folsom, LA, for Harvey.

Before DAVIS, SMITH and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

This case arises from Claimant Robert Harvey's ("Harvey") claim before an administrative law judge ("ALJ") for benefits under the Longshore and Harbor Workers' Compensation Act ("LHWCA"). The issues in this petition are whether the Benefits Review Board ("BRB") erred in affirming the ALJ's findings that: (1) Harvey's "last injurious exposure" to asbestos occurred in 1977; (2) Harvey involuntarily retired; (3) Harvey suffers from a total disability...

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