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FLEETWOOD v. NEWPORT NEWS SHIPBUILDING & DRY DOCK

No. 84-1845.

776 F.2d 1225 (1985)

Melvin FLEETWOOD, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1985.

Rehearing and Rehearing Denied January 29, 1986.

Attorney(s) appearing for the Case

Richard B. Donaldson, Jr., Newport News, Va. (Jones, Blechman, Woltz & Kelly, P.C., Newport News, Va., on brief), for petitioner.

Lawrence P. Postol, Washington, D.C. (Junius C. McElveen, Jr., Jones, Day, Reavis & Pogue, Washington, D.C., on brief), for respondents.

Before WINTER, Chief Judge, SNEEDEN, Circuit Judge, and WARRINER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied January 29, 1986.

SNEEDEN, Circuit Judge:

Melvin Fleetwood was granted a 40-percent permanent partial disability award, based upon an average weekly wage of $193.85, for a back injury that occurred on July 11, 1975, when he was employed by Newport News Shipbuilding and Dry Dock Company as a handyman. The partial disability award was made pursuant to The Longshoremen's and Harbor Workers' Compensation Act (LHWCA), ch....

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