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CERES GULF, INC. v. WORKER'S COMPENSATION PROGRAMS

No. 11-60456.

683 F.3d 225 (2012)

CERES GULF, INCORPORATED, Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, U.S. Department of Labor; Norris Plaisance, Sr., Respondents.

United States Court of Appeals, Fifth Circuit.

June 4, 2012.

Attorney(s) appearing for the Case

Lawrence Philip Postol (argued), Seyfarth Shaw, L.L.P., Washington, DC, for Petitioner.

Kathleen Hwang Kim , Rae Ellen James , Associate Sol., Mark Ambrose Reinhalter , Counsel, U.S. Dept. of Labor, Office of the Sol., Thomas O. Shepherd, Jr. , Clerk, Benefits Rev. Bd., Washington, DC, David Duhon , U.S. Dept. of Labor, New Orleans, LA, Edward S. Rapier, Jr. (argued), Edward S. Rapier, Jr. Law Office, Covington, LA, for Respondents.

Before JONES, Chief Judge, and PRADO and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

Ceres Gulf, former employer of retired longshoreman Norris Plaisance, Jr., challenges a Benefits Review Board ("BRB") decision that overruled an Administrative Law Judge ("ALJ") twice and held Ceres Gulf liable for Plaisance's hearing loss. Because the BRB initially applied the wrong legal test and standard of review to the ALJ's decision, we REVERSE.

I. Background

Plaisance ("Claimant") worked as a longshoreman for various...

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