United States Fifth Circuit

The Benefits Review Board used an improper evidentiary standard in reviewing an ALJ's initial determination, which had correctly found that a presumed prima facie entitlement to benefits under the Longshore and Harbor Workers' Compensation Act had been rebutted.

Appellate Information

• Decided 05/21/2003
• Published 05/21/2003

Judges

• WIENER, Circuit Judge:, Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Travis Ron LeBleu,Johnson, Stiltner & Rahman, Baton Rouge, LA, for Petitioners., William R. Mustian, III, Stanga & Mustian, Metairie, LA, for Charpentier., Burke Matthew Wong, 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 Admin., New Orleans, LA, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.