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CUSTOM SHIP INTERIORS v. ROBERTS

No. 01-1880.

300 F.3d 510 (2002)

CUSTOM SHIP INTERIORS; Fremont Compensation Insurance Group, Petitioners, v. Michael ROBERTS; Benefits Review Board; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 2002.

Attorney(s) appearing for the Case

ARGUED: Frank Joseph Sioli, Jr., Valle & Craig, P.A., Miami, Florida, for Petitioners. Ralph R. Lorberbaum, Zipperer & Lorberbaum, P.C., Savannah, Georgia, for Respondent Roberts. Mark S. Flynn, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Respondents Board and Director. ON BRIEF: Lawrance B. Craig, III, Valle & Craig, P.A., Miami, Florida, for Petitioners. Howard M. Radzely, Acting Associate Solicitor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, Washington, D.C., for Respondents Board and Director.

Before WILKINSON, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge WILLIAMS joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge.

Petitioner Custom Ship Interiors appeals the decision of the Benefits Review Board ("BRB") that regular per diem payments made to employees incurring no room and board expenses should be included as wages under the Longshore and Harbor Workers' Compensation Act...

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