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SANCHEZ v. SMART FABRICATORS OF TEXAS, L.L.C.

No. 19-20506.

997 F.3d 564 (2021)

Gilbert SANCHEZ, Plaintiff-Appellant, v. SMART FABRICATORS OF TEXAS, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed May 11, 2021.

Attorney(s) appearing for the Case

William David George , Baker Wotring, L.L.P., Anthony G. Buzbee , Andrew Anh Dao , Buzbee Law Firm, Houston, TX, for Plaintiff-Appellant.

Michael Matthew Jett , Evan Thomas Caffrey , Hall Maines Lugrin, P.C., Houston, TX, for Defendant-Appellee.

Kenneth G. Engerrand, I, Esq. , Attorney, Brown Sims, P.C., Houston, TX, for Amicus Curiae Kenneth G. Engerrand, I.

Ian Fitzgerald Taylor , Lewis, Kullman, Sterbcow & Abramson, New Orleans, LA, for Amicus Curiae Louisiana Association for Justice.

Before Owen, Chief Judge, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.

We took this case en banc to attempt to define for this Circuit a more definitive test, consistent with Supreme Court caselaw, to distinguish seamen entitled to benefits under the Jones Act from other maritime workers generally covered under the Longshore and Harbor Worker's Compensation Act.

We conclude that...

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