Newport News Shipbuilding and Dry Dock v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Garland R. Hess

HAYNSWORTH, Senior Circuit Judge:

The question is whether or not a former employee, totally disabled by unrelated infirmities, was also totally or partially disabled by asbestosis, of which he was unaware at the time of retirement. In the processing of a claim under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901. et seq., the Administrative Law Judge found that he was not, but the Benefits Review Board, its chief judge dissenting, reversed and remanded, in effect directing the finding of at least a partial disability. A subsequent finding of a partial disability by…