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NEWPORT NEWS SHIPBUILDING CO. v. FIRTH

No. 99-1892.

363 F.3d 311 (2004)

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

United States Court of Appeals, Fourth Circuit.

Decided: April 5, 2004.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, Mason, Cowardin & Mason, Newport News, VA, for Petitioner. Mark A. Reinhalter, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Henry L. Solano, Solicitor of Labor, Carol A. De Deo, Associate Solicitor for Employee Benefits, Laura J. Stomski, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents.

Before WIDENER and KING, Circuit Judges, and HERLONG, JR., United States District Judge for the District of South Carolina, sitting by designation.

Petition denied by published opinion. Judge WIDENER wrote the opinion, in which Judge KING and Judge HERLONG joined.

WIDENER, Circuit Judge:

Plaintiff employer, Newport News Shipbuilding and Dry Dock Company (Newport), seeks review of the decision of the Benefits Review Board (the Board) in Firth v. Newport News Shipbuilding and Dry Dock Co., BRB No. 98-1172 (May 26, 1999). Claimant, Michael Firth,1 had an existing order...

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