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BAKER v. BETHLEHEM STEEL CORP.

No. 93-1695.

24 F.3d 632 (1994)

Richard BAKER, Petitioner, v. BETHLEHEM STEEL CORPORATION; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1994.

Attorney(s) appearing for the Case

ARGUED: Thomas L. Samuel, Law Offices of Peter G. Angelos, Baltimore, MD, for petitioner. Karen Birnbaum Kracov, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for Respondent Director; Richard William Scheiner, Semmes, Bowen & Semmes, Baltimore, MD, for respondent Bethlehem Steel.

ON BRIEF: Jeffrey R. Scholnick, Keith E. Haynes, Law Offices of Peter G. Angelos, Baltimore, MD, for petitioner. Thomas S. Williamson, Jr., Sol. of Labor, Carol A. De Deo, Associate Sol., Samuel J. Oshinsky, Counsel for Longshore, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent Director; Heather H. Kraus, Semmes, Bowen & Semmes, Baltimore, MD, for respondent Bethlehem Steel.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and District Judge ELLIS joined.

OPINION

MURNAGHAN, Circuit Judge:

The instant case presents the issue of whether a longshore employee who sustains an occupational, noise-induced, monaural hearing loss may be compensated for a monaural loss or must instead have his loss converted into a binaural loss for purposes of calculating his benefits under...

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