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NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO. v. HOLIDAY

Nos. 08-1129, 08-1122.

591 F.3d 219 (2009)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. Harry HOLIDAY; Director, Office of Workers' Compensation Programs, Respondents. Harry Holiday, Petitioner, v. Director, Office of Workers' Compensation Programs; Newport News Shipbuilding and Dry Dock Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, Mason, Mason, Walker & Hedrick, PC, Newport News, Virginia, for Newport News Shipbuilding and Dry Dock Company. Joshua Thomas Gillelan, II, Longshore Claimants National Law Center, Washington, D.C., for Harry Holiday. ON BRIEF: Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia, for Harry Holiday.

Affirmed in part, vacated in part, and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge JONES joined.

OPINION

DUNCAN, Circuit Judge:

Newport News Shipbuilding and Dry Dock Company ("Newport News") and Harry Holiday ("Holiday") petition and cross-petition for review from a final order of the Department of Labor's Benefits Review Board (the "BRB"). The BRB held that Newport News had not provided substantial evidence to rebut a presumption of compensability that the Longshore and Harbor Workers' Compensation Act (the "LHWCA") provided Holiday once he made out...

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