Gier v. Swiftships Inc

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS May 29, 2003 FOR THE FIFTH CIRCUIT ____________________ Charles R. Fulbruge III Clerk 02-60576 ____________________

ROBERT THOMAS GIER,

Petitioner,

versus

SWIFTSHIPS INC.; DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, U.S. DEP’T OF LABOR,

Respondents, _________________________________________________________________

Petition for Review from the Benefits Review Board (01-0673) _________________________________________________________________

Before WIENER and BARKSDALE, Circuit Judges, and FURGESON, District Judge*.

PER CURIAM:**

Robert Thomas Gier petitions for review of the decision of the

Benefits Review Board (BRB) affirming the Administrative Law

Judge’s (ALJ) determination that Gier was entitled to only

permanent partial disability compensation from 27 October 1997 on

a going-forward basis. During oral argument, Gier conceded that

substantial evidence supported the ALJ’s decision on remand from

* District Judge of the Western District of Texas, sitting by designation. ** 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the BRB. See, e.g., Empire United Stevedores v. Gatlin, 936 F.2d

819, 821 (5th Cir. 1991). Gier contends: the BRB erroneously

applied the law-of-the-case doctrine; alternatively, the BRB erred

in its initial 23 June 2000 decision by reversing the ALJ’s

credibility findings.

Having heard oral argument and reviewed the parties’ briefs

and pertinent parts of the record, and essentially for the reasons

stated by the BRB, Gier’s petition is

DENIED.