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NEWPORT NEWS SHIP. v. WORKERS' COMP. PROGRAMS

Nos. 05-1495, 05-2168.

474 F.3d 109 (2006)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Clyde Moody, Respondents. Newport News Shipbuilding and Dry Dock Company, Petitioner, v. Director, Office of Workers' Compensation Programs; Clyde Moody, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 13, 2006.

Attorney(s) appearing for the Case

ARGUED: Jonathan Henry Walker, Mason, Mason, Walker & Hedrick, P.C., Newport News, Virginia, for Petitioner. Gregory Edward Camden, MONTAGNA, Klein, Camden, L.L.P., Norfolk, Virginia, for Respondents. ON BRIEF: Charlene Parker Brown, Montagna, Klein, Camden, L.L.P., Norfolk, Virginia, for Respondent Clyde Moody.

Before MICHAEL and GREGORY, Circuit Judges, and Thomas E. JOHNSTON, United States District Judge for the Southern District of West Virginia, sitting by designation.

Petitions denied by published opinion. Judge MICHAEL wrote the opinion, in which Judge GREGORY and Judge JOHNSTON joined.

MICHAEL, Circuit Judge.

Newport News Shipbuilding and Dry Dock Company (Newport News) petitions for review of orders issued under the Longshore and Harbor Workers' Compensation Act (the Act) by the Benefits Review Board (BRB) of the United States Department of Labor. The BRB orders affirmed the decisions of an administrative law judge that...

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