Gier v. Swiftships Inc, et al

* 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this opinion should not be published and is not precedent except under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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 29, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
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

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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.

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