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NEWPORT NEWS SHIPBUILDING v. WORKERS COMP PROGRAMS

No. 01-2401.

315 F.3d 286 (2002)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Ronald Brickhouse, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 2002.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, Mason, Cowardin & Mason, P.C., Newport News, Virginia, for Petitioner. John Harlow Klein, Montagna, Breit, Klein, Camden, L.L.P., Norfolk, Virginia, for Respondent Brickhouse. Sarah Catherine Crawford, United States Department of Labor, Washington, D.C., for Respondent Director. ON BRIEF: Eugene Scalia, Solicitor of Labor, John F. Depenbrock, Associate Solicitor for Employee Benefits, Samuel J. Oshinsky, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WILKINS, MICHAEL, and KING, Circuit Judges.

Petition for review denied by published opinion. Judge KING wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.

OPINION

KING, Circuit Judge.

In September of 1993, Ronald Brickhouse suffered a back injury while working at Newport News Shipbuilding & Dry Dock Company ("Newport News"). On September 22, 1993, he commenced receiving disability benefits from Newport News, pursuant to §§ 4 and 8 of the Longshore and Harbor...

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