International-Matex Tank Terminals v. Director, Office of Workers' Compensation Programs, No. 18-60662 (5th Cir. 2019)
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After a shift foreman was injured and disabled while working on an oil and gas storage facility, he filed a claim with the Department under the Longshore and Harbor Workers' Compensation Act. The ALJ found that the foreman fulfilled the Act's requirements, the Board affirmed the ALJ's findings, and IMTT petitioned for review.
The Fifth Circuit denied the petition for review, holding that the foreman fulfilled the Act's situs requirement; he was engaged in maritime employment; he had not reached maximum medical improvement; and he adequately sought alternative employment.
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