Case 4:12-cv-00442 Document 1

Filed in TXSD on 02/15/12 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION : : : : : : : : : : : : : : : : : :

L-3 COMMUNICATIONS/VERTEX AEROSPACE and ACE AMERICAN INSURANCE COMPANY, Petitioners, v. DALLAN WALTERS, and DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondents.

S.D. Tex. No.__________________

On appeal from the United States Department of Labor Benefits Review Board BRB No. 11-0254 OALJ No. 2009-LDA-00268 OWCP No. 02-114065

PETITION FOR REVIEW/NOTICE OF APPEAL OF L-3 COMMUNICATIONS/ VERTEX AEROSPACE AND ACE AMERICAN INSURANCE COMPANY

Pursuant to the Longshore and Harbor Workers Compensation Act, as extended by the Defense Base Act, Petitioners L-3 Communications/Vertex Aerospace and Ace American Insurance Company file this Petition for Review/Notice of Appeal and state as follows:

1.

Petitioners herein are L-3 Communications/Vertex Aerospace and ACE American Insurance Company (identified as Employer and Carrier, respectively, in the proceedings below). Petitioners are represented by undersigned counsel.

Case 4:12-cv-00442 Document 1

Filed in TXSD on 02/15/12 Page 2 of 5

2.

Dallan Walters (identified as Claimant in the proceedings below) is a Respondent in this matter. Respondent is represented by Barry R. Lerner, Esq. of Barnett & Lerner, P.A., 2860 Marina Mile Boulevard, Fort Lauderdale, Florida 33312.

3.

The underlying compensation order in this matter was filed in the Office of the District Director (Eighth Compensation District) of the Office of Workers Compensation Programs, United States Department of Labor. The address of the Office of the District Director is 1919 Smith Street, Suite 870, Houston, Texas 77002.

4.

Petitioners filed their original appeal of the Decision and Order of Administrative Law Judge Patrick Rosenow with the Benefits Review Board, United States Department of Labor on December 22, 2010.

5.

The Benefits Review Board affirmed the Decision and Order of Administrative Law Judge Patrick Rosenow via Decision and Order dated December 21, 2011. A copy of the December 21, 2011 Decision and Order is annexed hereto as Exhibit A.

Case 4:12-cv-00442 Document 1

Filed in TXSD on 02/15/12 Page 3 of 5

6.

Petitioners now appeal the December 21, 2011 Decision and Order of the Benefits Review Board.

7.

The instant Petition for Review/Notice of Appeal is timely filed pursuant to 33 U.S.C. 921, as it is filed within sixty (60) days of the December 21, 2011 Decision and Order.

8.

The Court has jurisdiction over this matter under 42 U.S.C. 1653(b), as the office of the District Director of the Office of Workers Compensation Programs of the United States Department of Labor in which the underlying compensation order was filed is located within the judicial district encompassed by this Court. See AFIA/CIGNA Worldwide v. Felkner, 930 F.2d 1111, 1116 (5th Cir. 1991). A copy of the Decision and Order of Administrative Law Judge Patrick Rosenow dated December 1, 2010 and the Certificate of Filing and Service of the District Director are annexed hereto as Exhibit B.

9.

No motion for reconsideration has been filed with the Benefits Review Board.

Case 4:12-cv-00442 Document 1

Filed in TXSD on 02/15/12 Page 4 of 5

Petitioners respectfully request that the Court issue a briefing schedule so that Petitioners may fully set forth the basis for this appeal.

Respectfully submitted,

/s/ Keith L. Flicker Keith L. Flicker Brendan E. McKeon FLICKER, GARELICK & ASSOCIATES, LLP 45 Broadway New York, New York 10006 (212) 319-5240 (212) 888-5271 Fax (Motions for Pro Hac Vice Admission to be submitted)

/s/ Stephanie M. Harp Stephanie M. Harp Christopher A. Fusselman FUSSELMAN LAW FIRM, P.C. 1717 St. James Place, Suite 170 Houston, Texas 77056 (713) 960-1619 (713) 960-1430 Fax

Case 4:12-cv-00442 Document 1

Filed in TXSD on 02/15/12 Page 5 of 5

CERTIFICATE OF SERVICE A true and correct copy of this document was served via electronic service, certified mail, return receipt requested, and/or Federal Express on February 15, 2012 as follows:

Barry R. Lerner Barnett & Lerner, P.A. 2860 Marina Mile Boulevard, Suite 105 Fort Lauderdale, Florida 33312 District Director Eight Compensation District United States Department of Labor, Office of Workers Compensation Programs Mickey Leland Federal Building, 1919 Smith Street, Suite 870 Houston, Texas 77002 Associate Solicitor United States Department of Labor 200 Constitution Avenue, N.W. Suite N2117, NDOL Washington, D.C. 20210

/s/ Keith L. Flicker Keith L. Flicker

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 1 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 2 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 3 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 4 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 5 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 6 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 7 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 8 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 9 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 10 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 11 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 12 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 13 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 14 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 15 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 16 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 17 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 18 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 19 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 20 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 21 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 22 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 23 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 24 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 25 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 26 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 27 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 28 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 29 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 30 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 31 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 32 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 33 of 34

Case 4:12-cv-00442 Document 1-1

Filed in TXSD on 02/15/12 Page 34 of 34

Case 4:12-cv-00442 Document 1-2

Filed in TXSD on 02/15/12 Page 1 of 1