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WHEELER v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK

No. 10-1164.

637 F.3d 280 (2011)

Stephanie H. WHEELER, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2011.

Attorney(s) appearing for the Case

ARGUED: Gregory Edward Camden , Montagna, Klein, Camden, LLP, Norfolk, Virginia; Matthew W. Boyle , United States Department of Labor, Washington, D.C., for Petitioner. Jonathan Henry Walker , Mason, Mason, Walker & Hedrick, PC, Newport News, Virginia, for Respondent. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Mark Reinhalter , Counsel for Longshore, Patricia M. Nece , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for the Director, Office of Workers' Compensation Programs.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WYNN and Senior Judge DUFFY joined.

OPINION

AGEE, Circuit Judge:

I.

Petitioner Stephanie H. Wheeler appeals from a decision of the Benefits Review Board ("the Board"),1 denying her claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 ("LHWCA" or "the Act"). Respondent Newport News Shipbuilding and Dry Dock Company ("the Employer") opposes the relief sought...

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