Legal Opinion

Avondale Industries, Inc. v. Alario

Court of Appeals for the Fifth Circuit

Decided December 29, 2003No. 02-60470PublishedCited by 6 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

Petitioner Avondale Industries, Inc. (“Avondale”) challenges the Benefit Review Board’s (“BRB”) award of attorney’s fees to respondents Ray Alario and Joseph Howard under section 28(a) of the Long-shore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 928(a). 1 For the following reasons, we deny Avondale’s petition for review.

I. BACKGROUND

Respondents were Avondale employees. Each filed an LHWCA claim with Avon-dale seeking payment for work-related hearing loss.

A. Ray Alario

On July 12, 1999, Alario filed a LS-203 Claim for Compensation with the deputy…

2Cases cited5 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Pool Company v. Otis L CooperCourt of Appeals for the Fifth Circuit · 2001
  4. Fireman's Fund Insurance Company and Luckenbach Steamship Company, Inc. v. Robert H. Bergeron, Deputy Commissioner, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1974
  5. Weaver v. Ingalls Shipbuilding, Inc.Court of Appeals for the Fifth Circuit · 2002

3Cited by6 opinions

  1. Andrepont v. Murphy Exploration and Production Co.Court of Appeals for the Fifth Circuit · 2009
  2. Carey v. Ormet Primary Aluminum Corp.Court of Appeals for the Fifth Circuit · 2010
  3. Grant v. DIRECTOR, OFFICE OF WORKER'S COMPENSATIONCourt of Appeals for the Fifth Circuit · 2007
  4. Andrepont v. Murphy Expl & ProdnCourt of Appeals for the Fifth Circuit · 2009
  5. Andrepont v. Murphy Expl & ProdnCourt of Appeals for the Fifth Circuit · 2009

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