United States Fifth Circuit

The decedent's most recent former employer was liable under the Longshore and Harbor Workers' Compensation Act, where his death resulted from overall occupational asbestos exposure, and employer was not entitled to credit for claimant's net settlement receipts from previous employers.

Appellate Information

• Decided 01/16/2003
• Published 01/16/2003

Judges

• EMILIO M. GARZA, Circuit Judge:, Before KING, Chief Judge, and JONES and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lloyd N. Frischhertz (argued), Andrew William Horstmyer, Frischhertz & Associates, New Orleans, LA, for Ibos., Carl Larsen Taylor, Wilcox Carroll & Froelich, Washington, DC, for National Ass'n of Waterfront Employers, Amicus Curiae.


• For Appellees:
  
• Mark E. Solomons (argued), Laura Metcoff Klaus, Greenberg Traurig, Washington, DC, for Petitioners-Cross-Respondents., Joshua T. Gillelan, II (argued), Carol A. De Deo, U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, Michael O. Brewer, U.S. Dept. of Labor, Employment Standards Administration, New Orleans, LA, for Respondent.