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SHIVERS v. NAVY EXCHANGE

No. 96-2578.

144 F.3d 322 (1998)

Earnestine SHIVERS, Petitioner, v. NAVY EXCHANGE; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1998.

Attorney(s) appearing for the Case

ARGUED: Robert Elliott Walsh, Rutter & Montagna, L.L.P., Norfolk, VA, for Petitioner. Randall Bruce Pennington, Navy Exchange Service Command, Virginia Beach, VA, for Respondent. ON BRIEF: Matthew H. Kraft, Rutter & Montagna, L.L.P., Norfolk, VA, for Petitioner. John J. Short, Navy Exchange Service Command, Virginia Beach, VA, for Respondent.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and CHAMBERS, United States District Judge for the Southern District of West Virginia, sitting by designation.

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

OPINION

WILKINSON, Chief Judge:

Earnestine Shivers appeals from a final order of the Benefits Review Board denying her claim for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. Shivers' claim was found barred by the "coming and going" rule because her injury...

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