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ITO CORP. OF BALTIMORE v. GREEN

No. 98-1972.

185 F.3d 239 (1999)

ITO CORPORATION OF BALTIMORE, Petitioner, v. Edward F. GREEN; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 23, 1999.

Attorney(s) appearing for the Case

ARGUED: Stan Musial Haynes, Semmes, Bowen & Semmes, Baltimore, Maryland, for Petitioner. Andrew David Auerbach, United States Department of Labor, Washington, D.C., for Respondent Director; Bernard Jerome Sevel, Sevel & Sevel, P.A., Baltimore, Maryland, for Respondent Green. ON BRIEF: Marvin Krislov, Deputy Solicitor for National Operations, Carol A. De Deo, Associate Solicitor for Employee Benefits, Janet R. Dunlop, Counsel for Longshore, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WILKINSON, Chief Judge, and WIDENER and KING, Circuit Judges.

Petition for review granted and award modified by published opinion. Judge KING wrote the opinion, in which Chief Judge WILKINSON and Judge WIDENER joined.

OPINION

KING, Circuit Judge:

ITO Corporation of Baltimore petitions for review of the final Decision and Order of the Benefits Review Board (BRB) awarding disability benefits to the respondent, Edward F. Green, who was employed by ITO as a longshore worker.1 The question...

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