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BROOKS v. DIRECTOR, OWCP

No. 92-1932.

2 F.3d 64 (1993)

Ron M. BROOKS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Newport News Shipbuilding and Dry Dock Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1993.

Attorney(s) appearing for the Case

Robert Elliott Walsh, Rutter & Montagna, Norfolk, VA, argued, for petitioner.

Mark A. Reinhalter, Office of the Sol., U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol. of Labor, Carol A. De Deo, Associate Sol., Samuel J. Oshinsky, Counsel for Longshore, Office of the Sol., U.S. Dept. of Labor, on the brief), for respondent Director.

Lawrence Philip Postol, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, argued (Jonathan H. Walker, Seyfarth, Shaw, Fairweather & Geraldson, on the brief), for respondent Newport News Shipbuilding.

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

OPINION

PER CURIAM:

Claimant-appellant Ron M. Brooks appeals a decision of the Benefits Review Board reversing the decision of the Administrative Law Judge and denying him disability compensation under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (1988).

On May 19, 1986, while working as a joiner for Newport News Shipbuilding and Dry Dock Co. (NNS), Brooks injured his lower back. On his return to work three...

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