Tetra Technologies Inc, et al v. DOWCP, et al, No. 10-60210 (5th Cir. 2011)

Annotate this Case

Download PDF

Case: 10-60210 Document: 00511366400 Page: 1 Date Filed: 01/31/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED January 31, 2011 No. 10-60210 Summary Calendar TETRA TECHNOLOGIES, COMPANY, INC.; LIBERTY Lyle W. Cayce Clerk MUTUAL INSURANCE Petitioners v. DIRECTOR, OFFICE OF WORKER S COMPENSATION PROGRAMS, US DEPARTMENT OF LABOR; KEVIN W. MCCLENDON, Respondents Petition for Review of a Decision and Order of the Benefits Review Board BRB No. 09-0601 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Tetra Technologies, Inc. and its insurance carrier appeal the award of temporary total disability benefits under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 901 et seq., to an employee who was injured in a workplace accident. Following a formal hearing, an Administrative Law Judge issued detailed findings of fact and conclusions of law that were affirmed by the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-60210 Document: 00511366400 Page: 2 Date Filed: 01/31/2011 No. 10-60210 Benefits Review Board in a careful opinion. Petitioners argue that the ALJ s factual findings were not supported by substantial evidence and that the ALJ used the wrong statutory provision to calculate the employee s average weekly wage. Finding no error, we AFFIRM essentially for the reasons given by the Benefits Review Board. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.