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PITTMAN MECH. CONT. v. DIR., OFF. OF WORKERS' COMP.

No. 93-2096.

35 F.3d 122 (1994)

PITTMAN MECHANICAL CONTRACTORS, INCORPORATED, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Michael T. Simonds, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

ARGUED: Mark Steven Davis, McGuire, Woods, Battle & Boothe, Norfolk, VA, for petitioner. Robert Elliott Walsh, Rutter & Montagna, Norfolk, VA, for respondent Simonds; Joshua T. Gillelan, II, Office of the Solicitor, U.S. Dept. of Labor, Washington, DC, for respondent Director. ON BRIEF: Robert W. McFarland, McGuire, Woods, Battle & Boothe, Norfolk, VA, for petitioner. Thomas S. Williamson, Jr., Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Office of the Solicitor, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Before RUSSELL and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge RUSSELL and Senior Judge BUTZNER joined.

OPINION

WILLIAMS, Circuit Judge:

Michael T. Simonds filed a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 (1988), alleging that he sustained a back injury while working as a pipe welder for Pittman Mechanical Contractors, Inc. (Pittman). After a hearing...

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