Legal Opinion

Newport News Shipbuilding & Dry Dock Co. v. Harris

Court of Appeals for the Fourth Circuit

Decided May 31, 1991No. Nos. 90-2008, 90-2014 and 90-2015PublishedCited by 9 opinions

1Opinion of the Court

HOUCK, District Judge:

This is an appeal by the Newport News Shipbuilding and Dry Dock Company (Company) from a ruling of the Benefits Review Board (Board) in three consolidated cases. The only issue is whether the special fund created under section 8(f) of the Longshoremen’s and Harbor Workers’ Compensation Act (Act), 33 U.S.C. § 908(f), should pay a portion of the compensation due to the claimants for their post-retirement disability caused by an occupational disease but aggravated by a pre-existing permanent partial disability. The Board held that the Company was not entitled to relief from…

2Cases cited11 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Mansell v. MansellSupreme Court of the United States · 1989
  3. Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
  4. Lawson v. Suwannee Fruit & Steamship Co.Supreme Court of the United States · 1949
  5. Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1976

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3Cited by9 opinions

  1. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Sun Ship, Inc. (Gertrude Ehrentraut, Claimant)Court of Appeals for the Third Circuit · 1998
  2. Director, Office of Workers' Compensation Programs v. Bath Iron Works Corp.Court of Appeals for the First Circuit · 1997
  3. Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co.Court of Appeals for the Fourth Circuit · 1993
  4. Newport News Shipbuilding and Dry Dock Company v. Bernice W. Harris, Director, Office of Workers' Compensation Programs, United States Department of Labor, Newport News Shipbuilding and Dry Dock Company v. Robert H. Bateman, Director, Office of Workers' Compensation Programs, United States Department of Labor, Newport News Shipbuilding and Dry Dock Company v. Charles Burch, Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1991
  5. Bath Iron Works Corp. v. DirectorCourt of Appeals for the First Circuit · 1998

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