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DIRECTOR, OWCP v. NEWPORT NEWS SHIPBUILDING

No. 97-2099.

230 F.3d 126 (2000)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY; Samuel Dillard, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: October 12, 2000.

Attorney(s) appearing for the Case

ARGUED: Laura Jessica Stomski, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Petitioner. Benjamin McMullan Mason, Mason & Mason, Newport News, Virginia, for Respondents. ON BRIEF: Marvin Krislov, Deputy Solicitor for National Operations, Carol A. De Deo, Associate Solicitor for Employment Benefits, Samuel J. Oshinsky, Counsel for Longshore, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Petitioner.

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Petition granted and case remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG and Judge WILLIAMS joined.

OPINION

WIDENER, Circuit Judge:

This case arises from a claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (the Act). The Director of the Office of Workers' Compensation Programs, United States Department of Labor, appeals the Benefits...

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