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HUNTINGTON INGALLS v. DIRECTOR, OWCP

No. 21-60752.

70 F.4th 245 (2023)

HUNTINGTON INGALLS, INCORPORATED, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Clarence W. Jones, Jr., Respondents.

United States Court of Appeals, Fifth Circuit.

FILED June 6, 2023.

Attorney(s) appearing for the Case

Richard Patrick Salloum, Esq. (argued), Traci Marie Castille, Esq. , Franke & Salloum, P.L.L.C., Gulfport, MS, for Petitioner.

Sarah Marie Hurley, Esq. , Sean Bajkowski, Esq. (argued), Cynthia Liao , 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.

Ryan Andrew Jurkovic (argued), Isaac Harris Soileau, Jr., Esq. , Soileau & Associates, L.L.C., Metairie, LA, for Respondent Clarence W. Jones, Jr.

Before Stewart, Elrod, and Graves, Circuit Judges.

The Longshore and Harbor Workers' Compensation Act provides covered employees with "the right to choose an attending physician authorized by the Secretary to provide medical care under this chapter." 33 U.S.C. § 907(b). The question here is whether audiologists...

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