UNIVERSAL MARITIME CORP. v. MOORE

No. 96-2612.

126 F.3d 256 (1997)

UNIVERSAL MARITIME CORPORATION, Petitioner, v. Frank MOORE; Director, Office of Workers' Compensation Program; United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1997.


Attorney(s) appearing for the Case

ARGUED: Stephen Edward Darling, Sinkler & Boyd, P.A., Charleston, SC, for Petitioner. Ralph R. Lorberbaum, Zipperer & Lorberbaum, P.C., Savannah, GA, for Respondent Moore; Mark A. Reinhalter, Office of the Solicitor, United States Department of Labor, Washington, DC, for Respondent Director. ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Laura J. Stomski, Office of the Solicitor, United States Department of Labor, Washington, DC, for Respondent Director.

Before WIDENER and NIEMEYER, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Senior Judge MICHAEL joined.

OPINION

NIEMEYER, Circuit Judge:

On appeal of an award to Frank Moore of benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., for permanent total disability, we reverse and remand because we conclude that (1) the Administrative Law Judge ("ALJ") erred as a matter of...

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