Newport News Shipbuilding v. William D. Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2060
NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY,
Petitioner,
versus
WILLIAM D. SMITH; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES DEPART-
MENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(No. 98-970-BLA)
Submitted: March 28, 2000 Decided: May 19, 2000
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan H. Walker, MASON, COWARDIN & MASON, Newport News, Vir-
ginia, for Petitioner. Robert E. Walsh, RUTTER, WALSH, MILLS &
RUTTER, L.L.P., Norfolk, Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.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 reversing the admin-
istrative law judge and granting temporary total disability bene-
fits under the Long Shore and Harbor Workers Compensation Act. Our
review of the record discloses that the Board’s decision is based
upon substantial evidence and is without reversible error. Accord-
ingly, we affirm on the reasoning of the Board. See Newport News
Shipbuilding v. Smith, No. 98-970-BLA (BRB Mar. 18 & June 24,
1999). We deny the motion for summary affirmance as moot. We dis-
pense 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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