Bienvenu v. Texaco, Inc., No. 96-60625

CourtU.S. Court of Appeals — Fifth Circuit
Writing for the CourtBefore POLITZ, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, PARKER and DENNIS
Citation131 F.3d 1135
PartiesCarl BIENVENU, Petitioner, v. TEXACO, INC; Director, Office of Worker's Compensation Programs, U.S. Department of Labor; Insurance Company of North America, Respondents.
Docket NumberNo. 96-60625
Decision Date18 December 1997

Page 1135

131 F.3d 1135
Carl BIENVENU, Petitioner,
v.
TEXACO, INC; Director, Office of Worker's Compensation
Programs, U.S. Department of Labor; Insurance
Company of North America, Respondents.
No. 96-60625.
United States Court of Appeals,
Fifth Circuit.
Dec. 18, 1997.

David Bruce Allen, Samanie, Barnes & Allen, Houma, LA, for Petitioner.

Wayne G. Zeringue, Jr., Michael L. Dubos, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, John D. Fitzmorris, Jr., New Orleans, LA, for Texaco, Inc. and Insurance Co. of North America.

Michael Scott Hertzig, Washington, DC, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington DC, Carol DeDeo, Assoc. Solicitor, U.S. Dept. of Labor, Dir., Office of Worker Comp. Programs, Washington, DC, for Dir., Office of Worker's Programs, U.S. Dept. of Labor.

Petition for Review of an Order of the Benefits Review Board.

Before POLITZ, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, PARKER and DENNIS, Circuit Judges. *

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion September 29, 1997, 5 Cir., 1997, 124 F.3d 692)

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

---------------

* Judges King and Duhe are recused and did not participate in this decision.

To continue reading

Request your trial
2 practice notes
  • Bienvenu v. Texaco, Inc., No. 96-60625
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 11, 1999
    ...test since he was on navigable waters when injured. Bienvenu v. Texaco, Inc., 124 F.3d 692, 692-93 (5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th In 1917, the Supreme Court held that state workers' compensation systems could not reach longshoremen injured seaward of the water's edge.......
  • Ezell v. Direct Labor, Inc., BRB 98-0826
    • United States
    • Court of Appeals of Longshore Complaints
    • March 8, 1999
    ...Act since he was injured on navigable waters. Bienvenu v. Texaco, Inc., 124 F.3d 692, 31 BRBS 144 (CRT)(5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th Cir. 1997). On rehearing, the Fifth Circuit held that a worker injured in the course of his employment on navigable waters is engaged ......
2 cases
  • Bienvenu v. Texaco, Inc., No. 96-60625
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 11, 1999
    ...test since he was on navigable waters when injured. Bienvenu v. Texaco, Inc., 124 F.3d 692, 692-93 (5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th In 1917, the Supreme Court held that state workers' compensation systems could not reach longshoremen injured seaward of the water's edge.......
  • Ezell v. Direct Labor, Inc., BRB 98-0826
    • United States
    • Court of Appeals of Longshore Complaints
    • March 8, 1999
    ...Act since he was injured on navigable waters. Bienvenu v. Texaco, Inc., 124 F.3d 692, 31 BRBS 144 (CRT)(5th Cir.), reh'g en banc granted, 131 F.3d 1135 (5th Cir. 1997). On rehearing, the Fifth Circuit held that a worker injured in the course of his employment on navigable waters is engaged ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT