IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 98-60638 _____________________

GEORGE SHANO,

Petitioner,

v.

RENE CROSS CONSTRUCTION; LOUISIANA WORKERS’ COMPENSATION COMPANY; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

_________________________________________________________________

Petition for Review of an Order of the Benefits Review Board (98-0166) _________________________________________________________________

September 23, 1999

Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.

PER CURIAM:*

Petitioner George P. Shano petitions for review of the

decision and order of the Benefits Review Board affirming the

decision and order of the Administrative Law Judge that

petitioner is excluded from coverage under the Longshore and

Harbor Workers’ Compensation Act, as amended,

et.

seq. (the “Act”). The Administrative Law Judge concluded that

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. petitioner, after his transfer to Cypress Cove Marina,

Incorporated, was a marina worker and, as such, was specifically

excluded from coverage under the Act by Section 2(3)(C) thereof.

The Benefits Review Board correctly concluded that the decision

of the Administrative Law Judge was supported by substantial

evidence and affirmed that decision. Accordingly, the petition

for review is

DENIED.

2