UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1816

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY,

Petitioner,

versus

ROBERT WAINWRIGHT; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (04-0735)

Submitted: December 21, 2005 Decided: January 18, 2006

Before LUTTIG and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lawrence P. Postol, SEYFARTH SHAW LLP, Washington, D.C., for Petitioner. Stephen F. Forbes, FORBES & BROADWELL, Hampton, Virginia; Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark Reinhalter, Counsel for Longshore, Matthew W. Boyle, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Newport News Shipbuilding and Dry Dock Company seeks

review of the Benefits Review Board’s decision and order affirming

the order of the District Director compelling the payment of

medical expenses under the Longshore and Harbor Workers’

Compensation Act,

(2000). Our review of the

record discloses that the Board’s decision is based upon

substantial evidence and is without reversible error. Accordingly,

we affirm for the reasons stated by the Board. See Newport News

Shipbuilding & Dry Dock Co. v. Wainwright, No. 04-0735 (B.R.B. June

16, 2005). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED

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