Shano v. Rene Cross Construct

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-60638
_____________________
GEORGE SHANO,
Petitioner,
v.
RENE CROSS CONSTRUCTION; LOUISIANA
WORKERS’ COMPENSATION COMPANY; DIRECTOR,
OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR,
Respondents.
_________________________________________________________________
Petition for Review of an Order
of the Benefits Review Board
(98-0166)
_________________________________________________________________
September 23, 1999
Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.
PER CURIAM:*
Petitioner George P. Shano petitions for review of the
decision and order of the Benefits Review Board affirming the
decision and order of the Administrative Law Judge that
petitioner is excluded from coverage under the Longshore and
Harbor Workers’ Compensation Act, as amended, 33 U.S.C. § 901 et.
seq. (the “Act”). The Administrative Law Judge concluded that
*
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this opinion should not be published and is not precedent except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.
petitioner, after his transfer to Cypress Cove Marina,
Incorporated, was a marina worker and, as such, was specifically
excluded from coverage under the Act by Section 2(3)(C) thereof.
The Benefits Review Board correctly concluded that the decision
of the Administrative Law Judge was supported by substantial
evidence and affirmed that decision. Accordingly, the petition
for review is
DENIED.
2