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MMR CONSTRUCTORS v. DIR., OFFICE OF WORKERS' COMP.

No. 19-60027.

954 F.3d 259 (2020)

MMR CONSTRUCTORS, INCORPORATED; Zurich Mutual Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Henry T. Flores, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED March 26, 2020.

Attorney(s) appearing for the Case

Russell Joe Manning , Cotten, Schmidt & Abbott, L.L.P., Corpus Christi, TX, for Petitioner.

Matthew W. Boyle , Rae Ellen James , Associate Solicitor, Mark A. Reinhalter , Counsel, U.S. Department of Labor, Office of the Solicitor, Washington, DC, David Widener , U.S. Department of Labor, ESA/OWCP Longshore Division, Houston, TX, for Respondent DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR.

David Charles Frederick , Brendan Jeremiah Crimmins , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC, Lara D. Merrigan , San Rafael, CA, for Respondent HENRY T. FLORES.

Before DAVIS, HAYNES, and OLDHAM, Circuit Judges.

Petitioner MMR Constructors appeals the Benefits Review Board's order awarding benefits to claimant Henry Flores under the Longshore and Harbor Workers' Compensation Act. Concluding that Flores was on navigable waters at the time of injury and that his case is controlled by Perini,1

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