NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. v. LOXLEY

No. 90-1449.

934 F.2d 511 (1991)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Dr. Sidney S. LOXLEY, Dr. Lawrence D. Bourgard, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1991.

As Amended June 3, 1991.


Attorney(s) appearing for the Case

Lawrence Philip Postol, Seyfarth, Shaw, Fairweather & Geraldson, argued, Washington, D.C., for petitioner.

John Lucian Smith, Jr., Outland, Gray, O'Keefe & Hubbard, argued, Chesapeake, Va. (Michael S. Hertzig, Office of the Sol., U.S. Dept. of Labor, on brief), Washington, D.C., for respondents.

Before WIDENER and WILKINS, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


MICHAEL, District Judge:

The Newport News Shipbuilding and Dry Dock Company ("NNS") appeals from an Order of the United States Department of Labor Benefits Review Board pursuant to Section 21 of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.A. § 921 (West 1986) ("the Longshore Act"). Because we find that the Administrative Law Judge's decision was supported by substantial evidence, we reverse the decision of the Benefits Review Board.

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