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NEWPORT NEWS SHIPBUILDING v. STALLINGS

No. 00-1154.

250 F.3d 868 (2001)

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

United States Court of Appeals, Fourth Circuit.

Decided: May 23, 2001.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, Mason, Cowardin & Mason, Newport News, VA, for Petitioner. John Harlow Klein, Montagna, Klein & Camden, Norfolk, VA, for Respondent Stallings; Laura Jessica Stomski, United States Department of Labor, Washington, DC, for Respondent Director.

ON BRIEF: Amanda R. Kronin, Montagna, Klein & Camden, Norfolk, VA, for Respondent Stallings. Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Mark Reinhalter, Senior Attorney, United States Department of Labor, Washington, DC, for Respondent Director.

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

OPINION

MICHAEL, Circuit Judge:

Frederick M. Stallings contracted metal fume fever while welding for his employer, Newport News Shipbuilding & Dry Dock Company (Newport News). Stallings filed a claim for partial disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), and the administrative law judge (ALJ) awarded Stallings $3.78 per week on a continuing basis for loss of wage-earning capacity and $236.38 in a lump sum for...

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