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Newport News Shipbuilding and Dry Dock Company v. Curtis Tann Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fourth Circuit

Decided March 9, 1988No. 87-3082PublishedCited by 58 opinions

1Opinion of the Court

WILKINSON, Circuit Judge:

Newport News Shipbuilding & Dry Dock Company (NNS) appeals a decision of the Benefits Review Board reversing the decision of the Administrative Law Judge and holding the claimant in this case permanently and totally disabled. The Board held that NNS had failed to meet its burden of establishing the availability of suitable alternate employment. Because the Board's decision is inconsistent with the statutory purposes of the Longshore and Harbor Workers’ Compensation Act and with this court’s prior holdings, we reverse and remand with directions to reinstate the…

2Cases cited4 opinions

  1. New Orleans (Gulfwide) Stevedores v. TurnerCourt of Appeals for the Fifth Circuit · 1981
  2. Trans-State Dredging and Hartford Accident and Indemnity Company v. Benefits Review Board, U.S. Department of Labor and David E. TarnerCourt of Appeals for the Fourth Circuit · 1984
  3. Newport News Shipbuilding and Dry Dock v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Garland R. HessCourt of Appeals for the Fourth Circuit · 1982
  4. Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1979

3Cited by58 opinions

  1. Elwood L. See v. Washington Metropolitan Area Transit Authority Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
  2. Wilborn Stevens v. Director, Office of Workers' Compensation Programs Lockheed Shipbuilding Co.Court of Appeals for the Ninth Circuit · 1990
  3. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Newport News Shipbuilding and Dry Dock Company v. Jackie H. HarcumCourt of Appeals for the Fourth Circuit · 1993
  4. Universal Maritime Corporation v. Frank Moore Director, Office of Workers' Compensation Program United States Department of LaborCourt of Appeals for the Fourth Circuit · 1997
  5. Norfolk Shipbuilding & Drydock Corporation v. Theodore FaulkCourt of Appeals for the Fourth Circuit · 2000

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