Director, Office of Workers' Compensation Programs, United States Department of Labor v. Ingalls Shipbuilding, Inc., and Hollis Ladner

JERRY E. SMITH, Circuit Judge:

The Director of the Office of Workers’ Compensation Programs (“OWCP”), United States Department of Labor (“Director”), petitions for review of an order of the Benefits Review Board (“BRB”) granting Ingalls Shipbuilding, Inc. (“Ingalls”), special fund contribution for a worker’s pre-existing disability. Concluding that Ingalls failed to meet its evidentiary burden, we grant the petition for review and reverse and remand.

I

Hollis Ladner worked for Ingalls in various capacities starting in 1986. As a sheet metal worker, he was injured in January 1987 when a…