Leevac Shipyards, et al v. DOWCP, et al

*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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-60091
Summary Calendar
LEEVAC SHIPYARDS;
LOUISIANA WORKERS’ COMPENSATION CORP
Petitioners,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, US DEPARTMENT
OF LABOR; GABRIEL OAKS
Respondents.
Petition for Review of an Order of the
Benefits Review Board
(05-0350)
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Leevac Shipyards and its insurance carrier, Louisiana Workers’
Compensation Corporation, petition this court for review of an
administrative decision by the benefits review board and the
administrative law judge granting disability benefits to the
claimant. The claimant filed for benefits under the Longshore and
Harbor Workers’ Compensation Act, as amended, 33 U.S.C. § 901 et

-- 1 of 2 --

2
seq. The ALJ found that claimant’s back injury and headaches were
causally related to an accident that he suffered at work on
February 11, 2001, and awarded medical expenses and continuing
temporary total disability benefits. The benefits review board
affirmed the ALJ’s order. We also affirm.
The ALJ’s factual findings must be supported by substantial
evidence. SGS Control Services v. Director, Office of Workers’
Compensation Programs, U.S. Department of Labor, 86 F.3d 438 (5th
Cir. 1996). “Substantial evidence” is evidence that a reasonable
mind might accept as adequate to support a conclusion. Noble
Drilling v. Drake, 795 F.2d 478 (5th Cir. 1986).
The ALJ’s finding of causation is supported by substantial
evidence, even without reference to the Section 20(a) presumption.
Both the claimant and his wife testified that his headaches were
different, and more severe, after his work accident. Their
testimony was corroborated by his treating physician, Dr. Goldware,
who testified that the herniated disc at C5-6 was caused by the
claimant’s work accident and was not aggravated by a subsequent
automobile accident. Accordingly, the order of the ALJ is
AFFIRMED.

-- 2 of 2 --