FRONTIER-KEMPER CONSTRUCTORS v. DIRECTOR, OWCP

Attorney(s) appearing for the Case

ARGUED: Mary Lou Smith , HOWE, ANDERSON & SMITH, P.C., Washington, D.C., for Petitioner. Sarah Marie Hurley , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Joseph E. Wolfe , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondents. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Maia S. Fisher , Acting Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs. Victoria S. Herman , WOLFE WILLIAMS & REYNOLDS, Mt. Hope, West Virginia, for Respondent Grat M. Smith.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Motz joined.