Newport News Shipbuilding & Dry Dock Co. v. Williams

I agree with the majority that the timeliness of Williams’s claim is governed by this circuit’s decision in Newport News Shipbldg. & Dry Dock Co. v. Parker, 935 F.2d 20 (4th Cir.1991), wherein we held that the one-year limitation period established under § 913(a) commences when the claimant “knew or had reason to know that ... [the] injury was likely to impair his earning capacity.” Id. at 27. I disagree, however, with the majority’s conclusion that the Administrative Law Judge’s (ALJ) factual findings were insufficient to support his conclusion that Williams knew of the likely impairment of…