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NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. v. HOWARD

No. 89-1060.

904 F.2d 206 (1990)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Sam A. HOWARD; Director, Office of Workers Compensation Program, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1990.

Attorney(s) appearing for the Case

Lawrence Philip Postol, Seyfarth, Shaw, Fairweather & Geraldson (James Mesnard, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for petitioner.

Mark S. Flynn, U.S. Dept. of Labor (Robert P. Davis, Sol. of Labor, Allen H. Feldman, Associate Sol., Charles I. Hadden, Deputy Associate Sol., U.S. Dept. of Labor, Washington, D.C., on brief), for respondents.

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.

PHILLIPS, Circuit Judge:

Newport News Shipbuilding & Dry Dock Co. (Newport News) has petitioned for review of the Benefits Review Board's decision and order modifying the Administrative Law Judge's benefits award to Sam A. Howard under the Longshore and Harbor Workers' Compensation Act (LHWCA), as amended, 33 U.S.C. §§ 901 et seq. The BRB, adopting the Director's interpretation of 33 U.S.C. § 908(f) (hereinafter § 8(f)) of the LHWCA...

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