Newport News Shipbldg v. Wainwright

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1816 NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, versus ROBERT WAINWRIGHT;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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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, 33 U.S.C. §§ 901-950 (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 - 2 -