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INGALLS SHIPBUILDING v. DIRECTOR, OWCP

Nos. 92-4077, 92-4078.

991 F.2d 163 (1993)

INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, and Robert L. Baker, Respondents. INGALLS SHIPBUILDING, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR and Timothy Buckley, Respondents.

United States Court of Appeals, Fifth Circuit.

April 6, 1993.

Attorney(s) appearing for the Case

Michael S. Hertzig, LuAnn Kressley, Carol DeDeo, Assoc. Sol., U.S. Dept. of Labor, Washington, DC, for Director in 92-4077.

Rebecca J. Ainsworth, John F. Dillon, Lowry M. Lomax, Pascagoula, MS, for Baker.

Lisa L. Lahrman, Clerk, BRB, Washington, DC, for other interested parties.

Rebecca J. Ainsworth, John F. Dillon, Lowry M. Lomax, Maples & Lomas, Pascagoula, MS, for Buckley.

Michael S. Hertzig, LuAnn Kressley, Carol A. DeDeo, DWOCP, Donald S. Shire, Assoc. Sol., U.S. Dept. of Labor, Washington, DC, N. Sandra Kitchin, DD, OWCP, U.S. Dept. of Labor, Jacksonville, FL, for Director, in 92-4078.

Before POLITZ, Chief Judge, GARWOOD and DAVIS, Circuit Judges.

POLITZ, Chief Judge:

In these consolidated proceedings, Ingalls Shipbuilding, Inc. petitions for review of orders of the Benefits Review Board affirming administrative law judge awards of medical expenses and attorney's fees to Robert L. Baker and Timothy Buckley. We grant review and affirm in part, vacate in part, and remand.

Background

Baker and Buckley, former Ingalls employees, filed claims for...

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