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NEWPORT NEWS SHIPBUILDING & DRY DOCK v. WARD

No. 00-1978.

326 F.3d 434 (2003)

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

United States Court of Appeals, Fourth Circuit.

Decided: April 10, 2003.

Attorney(s) appearing for the Case

ARGUED: Lawrence Philip Postol, Seyfarth Shaw, Washington, D.C., for Petitioner. Andrew David Auerbach, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Mark Reinhalter, Senior Attorney, Miriam D. Ozur, United States Department of Labor, Washington, D.C., for Respondent Director.

Before WIDENER and KING, Circuit Judges, and FABER, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.

Petition for review denied by published opinion. Judge KING wrote the opinion, in which Chief Judge FABER joined. Judge WIDENER wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

Larry Ward twice injured his back while at work, once in 1987 and again in 1989. He receives "permanent partial disability" benefits from his employer, Newport News Shipbuilding & Dry Dock Company ("Newport News"), pursuant...

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