Halter Marine, et al v. Necaise, et al

Filing 920070809

Opinion

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D No. 06-60602 August 9, 2007 Charles R. Fulbruge III Clerk HALTER MARINE; ZURICH AMERICAN INSURANCE CO Petitioners v. EVERETT NECAISE; DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, US DEPARTMENT OF LABOR Respondents Petition for Review of an Order of United States Department of Labor Benefits Review Board No. 05-781 Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges. PER CURIAM:* This court has considered the appeal in light of the briefs, argument of counsel, and pertinent authorities and portions of the record. Having done so, we DENY the petition for review. The Benefits Review Board's decision is supported by substantial evidence and involves no error of law. The employer Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 06-60602 did not satisfy its burden of showing, on the facts of this case, that suitable employment for Necaise was "reasonably available" because Necaise was able to perform short-term light duty work. See Norfolk Shipbuilding & Drydock Corp. v. Hord, 193 F.3d 797 (4th Cir. 1999). PETITION DENIED. 2

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