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DIRECTOR, OWCP v. NEWPORT NEWS SHIPBUILDING

No. 92-1864.

8 F.3d 175 (1993)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Respondent, v. Jackie H. HARCUM, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided October 29, 1993.

Attorney(s) appearing for the Case

LuAnn Blanche Kressley, Office of the Sol., U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol. of Labor, Carol A. De Deo, Associate Sol., Janet R. Dunlop, Counsel for Longshore, Office of the Sol., on brief), for petitioner.

James Melvin Mesnard, Seyfarth, Shaw, Fair-Weather & Geraldson, Washington, DC, argued, for respondent.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

Jackie Harcum ("Claimant"), a former employee of Newport News Shipbuilding & Dry Dock Company ("Newport News"), suffers from a work-related, disabling back injury. As an employee covered under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950, the Claimant filed a request for compensation benefits, which was partially granted and denied. On appeal, the Director of the Office of Workers...

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