DOWCP v. Newport News Shipbld

Court: Court of Appeals for the Fourth Circuit
Date filed: 1997-09-02
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Combined Opinion
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

DIRECTOR, OFFICE OF WORKERS'
COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR,
Petitioner,

v.

NEWPORT NEWS SHIPBUILDING AND
                                                                 No. 96-2625
DRY DOCK COMPANY,
Respondent,

and

SUSAN CAMPBELL,
Claimant.

On Petition for Review of an Order
of the Benefits Review Board.
(94-240)

Argued: July 7, 1997

Decided: September 2, 1997

Before LUTTIG and WILLIAMS, Circuit Judges, and
Joseph F. ANDERSON, Jr., United States District Judge for the
District of South Carolina, sitting by designation.

_________________________________________________________________

Remanded with instructions by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

ARGUED: Joshua Thomas Gillelan, II, Senior Attorney, Office of
the Solicitor, UNITED STATES DEPARTMENT OF LABOR,
WASHINGTON, D.C., for Petitioner. Benjamin McMullan Mason,
MASON & MASON, P.C., Newport News, Virginia, for Respondent.
ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Carol A.
De Deo, Associate Solicitor, Office of the Solicitor, UNITED
STATES DEPARTMENT OF LABOR, Washington, D.C., for Peti-
tioner.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit.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

_________________________________________________________________

OPINION

PER CURIAM:

The present appeal was taken based upon Section 8(f) of the Long-
shoreman's Act. 33 U.S.C. § 908(f). This case was decided by an
Administrative Law Judge (ALJ) on September 21, 1993. After the
ALJ reached his decision, this court decided Director, OWCP v. New-
port News Shipbuilding & Dry Dock Co. (Harcum), 8 F.3d 175 (4th
Cir. 1993). The court remands the matter to the ALJ for further find-
ings in light of Harcum.

REMANDED WITH INSTRUCTIONS

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