Summary Calendar THEODORE HENDERSON v. Director, Office of Worker’s Compensation Programs, Us Department of Labor

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-61028
Summary Calendar
THEODORE HENDERSON
Petitioner
v.
DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, US
DEPARTMENT OF LABOR; PENROD DRILLING COMPANY
Respondents
Petition for Review of an Order of the
Benefits Review Board
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
Theodore Henderson seeks review of the decision of the Benefits Review
Board of the United States Department of Labor, which denied Henderson’s
claim under the Longshore and Harbor Workers’ Compensation Act (“the
Longshore Act”), 33 U.S.C. § 901 et seq. We find that there is substantial
evidence to support the determination of the Benefits Review Board. The jack-
up rig on which Henderson worked was a “vessel,” Demette v. Falcon Drilling
United States Court of Appeals
Fifth Circuit
F I L E D
August 4, 2008
Charles R. Fulbruge III
Clerk

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No. 07-61028
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Co., 280 F.3d 492, 498 n.18 (5th Cir. 2002), and substantial evidence supports
the finding that Henderson’s duties as a roustabout rendered him a member of
the rig’s “crew.” Therefore, Henderson is excluded from coverage under the
Longshore Act, 33 U.S.C. § 902(3)(G), and the Benefits Review Board properly
dismissed Henderson’s claim.
Petition for review is DENIED. Motion for appointment of counsel is
DENIED.

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