United States Fifth Circuit

In a challenge to the amount of an award of disability benefits pursuant to the Longshore and Harbor Workers' Act, employer's petition for review of the award is denied where employer's per diem payments to claimant were properly classified by the Benefits Review Board as wages, and were required to be included in benefit calculations as such.

Appellate Information

• Decided 11/06/2008
• Published 11/06/2008

Judges

• PRADO, Circuit Judge:, Before REAVLEY, CLEMENT and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard S. Vale, Pamela Ferrage Noya, Blue Williams, Metairie, LA, for Petitioners., Pete Lewis, Lewis & Caplan, New Orleans, LA, for Pearley., Bruce C. Canetti, Mark Ambrose Reinhalter, Donald Shire, U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, David Duhon, U.S. Dept. of Labor, Employment Standards Admin., New Orleans, LA, for Dir.