Newport News Shipbuilding v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2256
NEWPORT NEWS SHIPBUILDING AND DRY DOCK
COMPANY,
Petitioner,
and
HELEN R. BYRD, Widow of James C. Byrd,
Claimant,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondent.
On Petition for Review of an Order of the Benefits Review Board.
(01-199)
Submitted: December 17, 2003 Decided: February 10, 2004
Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jonathan H. Walker, MASON, MASON, WALKER & HEDRICK, P.C., Newport
News, Virginia, for Petitioner. Howard M. Radzely, Acting Solicitor
of Labor, Donald S. Shire, Associate Solicitor, Mark S. Flynn,
Acting Counsel for Longshore, Washington, D.C., for Respondent.

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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Newport News Shipbuilding and Dry Dock Company seeks
review of the Benefits Review Board’s decision and order affirming
the administrative law judge’s denial of relief from liability for
death benefit payments pursuant to 33 U.S.C. § 908(f) (2000). Our
review of the record discloses that the Board’s decision is based
upon substantial evidence and is without reversible error.
Accordingly, we affirm on the reasoning of the Board. See Newport
News Shipbuilding & Dry Dock Co. v. Dir. Office of Workers’ Comp.
Programs, No. 01-199 (BRB Sept. 26, 2001). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED

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