UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-60556
Summary Calendar
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ROBERT F. WILKINS,
Petitioner,
versus
INGALLS SHIPBUILDING, INC.; DIRECTOR,
OFFICE OF WORKER'S COMPENSATION PROGRAMS,
U.S. DEPARTMENT OF LABOR,
Respondents.
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Petition for Review of an Order of the Benefits Review Board
(93-1044)
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July 18, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Robert F. Wilkins (Wilkins) petitions for review of a decision
of the Benefits Review Board affirming an order by an
administrative law judge (ALJ) denying additional benefits. We
affirm.
Wilkins contends that the ALJ erred in finding that Wilkins
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
did not sustain an injury to his back while working on the job for
Ingalls Shipbuilding, Inc. We review the Board's decisions for
errors of law and apply the substantial evidence standard that
governs factual findings made by the ALJ. Darby v. Ingalls
Shipbuilding, Inc., 99 F.3d 685, 688 (5th Cir. 1996). We therefore
must affirm decisions of the Board that correctly determine "that
the ALJ's findings are supported by substantial evidence and are in
accordance with the law." Id.
The record reveals that the Board properly concluded that the
ALJ's factual finding that the back injury did not occur on the job
was supported by substantial evidence. At best, the evidence
reflects a credibility conflict that was best left to the
factfinder, the ALJ, to resolve. Darby, 99 F.3d at 688-89.
AFFIRMED.
2