GILCHRIST v. NEWPORT NEWS SHIPBUILDING & DRY DOCK

No. 97-1402.

135 F.3d 915 (1998)

Donald GILCHRIST, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 4, 1998.


Attorney(s) appearing for the Case

ARGUED: Matthew Harley Kraft, Rutter & Montagna, L.L.P., Norfolk, VA, for Petitioner. Benjamin McMullan Mason, Mason & Mason, P.C., Newport News, VA, for Respondents. ON BRIEF: John H. Klein, Rutter & Montagna, L.L.P., Norfolk, VA, for Petitioner.

Before MOTZ, Circuit Judge, WILSON, Chief United States District Judge for the Western District of Virginia, sitting by designation, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Senior Judge WILLIAMS wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Chief Judge WILSON joined.

OPINION

WILLIAMS, Senior District Judge:

Claimant-Petitioner Donald D. Gilchrist ("Gilchrist") appeals a decision of the Benefits Review Board ("BRB") awarding him compensation under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 908(c)(3), for a ten percent permanent partial impairment...

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