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INTERNATIONAL-MATEX TANK TERM. v. DIRECTOR, OWCP

No. 18-60662.

943 F.3d 278 (2019)

INTERNATIONAL-MATEX TANK TERMINALS; Zurich American Insurance Company, Petitioners v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Dwayne D. Victorian, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED November 25, 2019.

Attorney(s) appearing for the Case

Kelly F. Walsh , Brown Sims, P.C., New Orleans, LA, for Petitioners.

Matthew W. Boyle , Rae Ellen James , Associate Solicitor, Mark A. Reinhalter , Counsel, U.S. Department of Labor, Office of the Solicitor, Washington, DC, David Duhon , U.S. Department of Labor, OWCP/DLHWC, New Orleans, LA, for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Isaac Harris Soileau, Jr., Esq. , Soileau & Associates, L.L.C. New Orleans, LA, for Respondent Dwayne D. Victorian.

Before KING, HIGGINSON, and DUNCAN, Circuit Judges.

Respondent Dwayne Victorian was an assistant shift foreman at an oil-and-gas storage facility ("Facility"1) on the Mississippi River owned by Petitioner International-Matex Tank Terminals ("IMTT").2 While at work, Victorian was injured and disabled. Victorian...

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