U.S. Court of Appeals for the Fourth Circuit, 1997

DOWCP v. Newport News Shipbld

DOWCP v. Newport News Shipbld
U.S. Court of Appeals for the Fourth Circuit · Decided September 2, 1997

DOWCP v. Newport News Shipbld

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND No. 96-2625 DRY DOCK COMPANY, Respondent, and SUSAN CAMPBELL, Claimant.

On Petition for Review of an Order of the Benefits Review Board. (94-240) Argued: July 7, 1997 Decided: September 2, 1997 Before LUTTIG and WILLIAMS, Circuit Judges, and Joseph F. ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation. _________________________________________________________________ Remanded with instructions by unpublished per curiam opinion. _________________________________________________________________ COUNSEL ARGUED: Joshua Thomas Gillelan, II, Senior Attorney, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, WASHINGTON, D.C., for Petitioner. Benjamin McMullan Mason, MASON & MASON, P.C., Newport News, Virginia, for Respondent.

ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Carol A.

De Deo, Associate Solicitor, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Peti- tioner. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: The present appeal was taken based upon Section 8(f) of the Long- shoreman's Act. 33 U.S.C. § 908(f). This case was decided by an Administrative Law Judge (ALJ) on September 21, 1993. After the ALJ reached his decision, this court decided Director, OWCP v. New- port News Shipbuilding & Dry Dock Co. (Harcum), 8 F.3d 175 (4th Cir. 1993). The court remands the matter to the ALJ for further find- ings in light of Harcum.

REMANDED WITH INSTRUCTIONS

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