UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-2740
NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO-
GRAMS, UNITED STATES DEPARTMENT OF LABOR;
ROSCOE MITCHELL,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(98-289)
Submitted: October 14, 1999 Decided: January 14, 2000
Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan Henry Walker, MASON & MASON, P.C., Newport News, Virginia,
for Petitioner. Robert E. Walsh, Chanda L. Wilson, RUTTER, WALSH,
MILLS & RUTTER, L.L.P., Norfolk, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 Admin-
istrative Law Judge’s (“ALJ”) award of disability benefits under
the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 901
(1994). Our review of the record discloses that the Board’s deci-
sion was based upon substantial evidence and is without reversible
error. Accordingly, we affirm substantially on the reasoning of
the Board. See Newport News Shipbuilding v. DOWCP, No. 98-289 (BRB
Nov. 12, 1998). In addition, we find that Newport News has failed
to show or even claim prejudice to its case as a result of the
ALJ’s failure to consider Claimant’s refusal to meet with Newport
News’ vocational expert. Therefore, any error in this regard was
harmless. 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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