James Kea v. Newport News Shipbuilding and Dry Dock Company Director, Office of Workers' Compensation Programs

Petition for review granted; vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILLIAMS and Judge SHEDD joined.

OPINION

TRAXLER, Circuit Judge:

James Kea petitions for review of the Decision and Order of the Benefits Review Board (the “Board”) denying his request for modification of his award of compensation pursuant to § 922 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA” or the “Act”), 33 U.S.C.A. § 922 (West 2001). For the following reasons, we grant the petition for review, vacate the Board’s order, and remand.

I

On April 6, 1995, Kea…