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MARINE REPAIR SERVICES, INC. v. FIFER

No. 12-1566.

717 F.3d 327 (2013)

MARINE REPAIR SERVICES, INCORPORATED; Signal Mutual Indemnity Association, Limited, Petitioners, v. Christopher E. FIFER; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2013.

Ordered Published May 30, 2013.

Attorney(s) appearing for the Case

Lawrence Philip Postol , Seyfarth Shaw, LLP, Washington, D.C., for Petitioners. Michael J. Perticone , Hardwick & Harris, Baltimore, Maryland, for Respondents.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

DUNCAN, Circuit Judge:

Marine Repair Services, Inc. ("Marine") petitions for review of the Decision and Order of the Benefits Review Board ("BRB" or the "Board") awarding permanent partial disability benefits to Marine's former employee, Christopher Fifer, under the Longshore and Harbor Workers' Compensation Act ("LHWCA"). Applying the burden-shifting scheme that governs LHWCA disability claims, the administrative law judge ("ALJ") reviewing Fifer's claim concluded...

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