United States Fifth Circuit

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Bollinger Shipyards Inc. v. Director, Office of Wkrs. Comp. Programs, 09-60095

In a petition for review of an order of the Benefits Review Board awarding benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) to claimant, an undocumented immigrant who fell and injured himself while employed by petitioner, the petition is denied where: 1) claimant was an employee within the intendment of the statute and was thus eligible for workers' compensation benefits; 2) awarding workers' compensation benefits under the LHWCA was a non-discretionary remedy; and 3) the LHWCA expressly provided for the award of benefits to nonresident aliens.

Appellate Information

  • Decided 04/22/2010
  • Published 04/22/2010

Judges

  • WIENER, Circuit Judge:, Before GARWOOD, WIENER, and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel