NORFOLK SHIPBUILDING & DRYDOCK CORP. v. HORD

No. 98-2339.

193 F.3d 797 (1999)

NORFOLK SHIPBUILDING & DRYDOCK CORPORATION, Petitioner, v. CARL HORD; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: October 19, 1999.


Attorney(s) appearing for the Case

ARGUED: Robert Alan Rapaport, Clarke, Dolph, Rapaport, Hardy & Hull, P.L.C., Norfolk, Virginia, for Petitioner. John Harlow Klein, Montagna, Klein & Camden, L.L.P., Norfolk, Virginia, for Respondent Hord. Laura Jessica Stomski, United States Department of Labor, Washington, D.C., for Respondent Director. ON BRIEF: Dana Adler Rosen, Clarke, Dolph, Rapaport, Hardy & Hull, P.L.C., Norfolk, Virginia, for Petitioner. Judith E. Kramer, Deputy Solicitor of Labor, Carol A. De Deo, Associate Solicitor for Employee Benefits, Janet R. Dunlop, for Longshore, Sandra Falzone, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.


OPINION

WILKINS, Circuit Judge:

Norfolk Shipbuilding and Drydock Corporation (Norshipco) petitions for review of an order of the United States Department of Labor Benefits Review Board (the Board) reversing an administrative law judge's (ALJ) denial of longshore and harbor workers' compensation to Carl Hord.1 Because we conclude that the Board correctly determined that Norshipco did not satisfy its burden of establishing that...

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