Newport News Shipbuilding & Dry Dock Co. v. Bentley

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1697 NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, versus CECIL BENTLEY; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board. (05-0602) Submitted: March 28, 2007 Decided: April 13, 2007 Before NIEMEYER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Jonathan H. Walker, MASON, MASON, WALKER & HEDRICK, P.C., Newport News, Virginia, for Petitioner. Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark A. Reinhalter, Emily Goldberg-Kraft, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director, Office of Workers’ Compensation Programs. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Newport News Shipbuilding and Dry Dock Company seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of relief from continuing liability for longshore disability benefits pursuant to 33 U.S.C. § 908(f) (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. Newport News Shipbuilding and Dry Dock Co. v. Bentley, No. 05-0602 (B.R.B. Apr. 19, 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 -