DIRECTOR, OWCP v. INGALLS SHIPBUILDING, INC.

No. 96-60770 Summary Calendar.

125 F.3d 303 (1997)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. INGALLS SHIPBUILDING, INC., and Hollis Ladner, Respondents.

United States Court of Appeals, Fifth Circuit.

October 21, 1997.


Attorney(s) appearing for the Case

Mark Ambrose Reinhalter, Office of the Solicitor of Labor, Carol DeDeo, Assoc. Solicitor, U.S. Department of Labor, Dir., Office of Workers Comp. Programs, Washington, DC, Thomas O. Shepherd, Jr., Clerk, Benefits Review Board, Washington, DC, for Petitioner.

Richard P. Salloum, Paul B. Howell, Franke, Rainey & Salloum, Gulfport, MS, for Ingalls Shipbuilding, Inc., Respondent.

Timothy Dale Crawley, Hopkins, Dodson, Crawley, Bagwell, Upshaw & Persons, Gulfport, MS, for Hollis Ladner, Respondent.

Before JOLLY, SMITH and STEWART, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The Director of the Office of Workers' Compensation Programs ("OWCP"), United States Department of Labor ("Director"), petitions for review of an order of the Benefits Review Board ("BRB") granting Ingalls Shipbuilding, Inc. ("Ingalls"), special fund contribution for a worker's pre-existing disability. Concluding that Ingalls failed to meet its evidentiary burden, we grant the petition for review and reverse and remand.

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