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NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO. v. TANN

No. 87-3082.

841 F.2d 540 (1988)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Curtis TANN; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Lawrence Philip Postol (Forest A. Nester, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for petitioner.

Jonathan Andrew Smith-George (Patten, Wornom & Watkins, Newport News, Va., on brief), Michael Scott Hertzig, U.S. Dept. of Labor, Office of the Sol. (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Washington, D.C., counsel for Longshore, on brief), for respondents.

Before WIDENER and WILKINSON, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

Newport News Shipbuilding & Dry Dock Company (NNS) appeals a decision of the Benefits Review Board reversing the decision of the Administrative Law Judge and holding the claimant in this case permanently and totally disabled. The Board held that NNS had failed to meet its burden of establishing the availability of suitable alternate employment. Because the Board's decision is inconsistent with the statutory purposes of the Longshore and...

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