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KEMP v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY

No. 86-1515.

805 F.2d 1152 (1986)

Ralph N. KEMP, 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 26, 1986.

Attorney(s) appearing for the Case

Susan R. Stevick (Patten, Wornom & Watkins, Newport News, Va., on brief), for petitioner.

Lawrence P. Postol (Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for respondents.

Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Ralph Kemp appeals the judgment of the Benefits Review Board denying the award of attorney's fees incurred prior to his employer's controversion of his claim for disability compensation. We affirm.

On January 13, 1981, Kemp filed a claim under the Longshore and Harbor Workers' Compensation Act for compensation from Newport News Shipbuilding and Dry Dock Company for hearing loss. The employer filed a notice of controversion on January 26, 1981....

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