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NEWPORT NEWS SHIPBUILDING & DRY DOCK v. POUNDERS

No. 00-1321.

326 F.3d 455 (2003)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Randall L. POUNDERS, Sr.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 14, 2003.

Attorney(s) appearing for the Case

ARGUED: Benjamin McMullan Mason, MASON, COWARDIN & MASON, Newport News, Virginia, for Petitioner. Julia Mankata, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. ON BRIEF: Jonathan H. Walker, Christopher R. Hedrick, MASON, COWARDIN & MASON, Newport News, Virginia, for Petitioner. Henry L. Solano Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Mark Reinhalter, Senior Appellate Attorney, Laura J. Stomski, 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.

Affirmed by published opinion. Chief Judge FABER wrote the opinion, in which Judge KING joined. Judge WIDENER wrote a concurring opinion.

OPINION

FABER, Chief Judge:

Newport News Shipbuilding and Dry Dock Company ("Newport News") seeks reversal of a decision of the Benefits Review Board (the "BRB") denying relief under section 8(f) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 ("LHWCA"). For the reasons discussed...

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