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I.T.O. CORP. OF VIRGINIA v. PETTUS

No. 95-1675.

73 F.3d 523 (1996)

I.T.O. CORPORATION OF VIRGINIA, Petitioner, v. Charles PETTUS, Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Gerard E.W. Voyer, Taylor & Walker, Norfolk, Virginia, for Petitioner. John Harlow Klein, Rutter & Montagna, Norfolk, Virginia, for Respondent. Michael Scott Hertzig, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Intervenor. ON BRIEF: Donna W. Kearney, Taylor & Walker, Norfolk, Virginia, for Petitioner. Thomas S. Williamson, Jr., Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Janet R. Dunlop, Counsel for Longshore, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Intervenor.

Before ERVIN, Chief Judge, and HALL and WILKINSON, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge ERVIN and Judge HALL joined.

OPINION

WILKINSON, Circuit Judge:

I.T.O. Corporation of America ("I.T.O.") appeals a decision of the Benefits Review Board ("BRB") awarding $790.62 in temporary total disability benefits to claimant. The BRB held that a claimant's letter containing a bare and unsupported demand for benefits under the Longshore and Harbor...

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