Newport News Shipbuilding v. Archie T. Spiers

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1776
NEWPORT NEWS SHIPBUILDING AND DRY DOCK
COMPANY,
Petitioner,
versus
ARCHIE T. SPIERS; DIRECTOR, OFFICE OF WORKERS'
COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(03-624-BLA)
Submitted: December 13, 2004 Decided: January 14, 2005
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan H. Walker, MASON, MASON, WALKER & HEDRICK, PC, Newport
News, Virginia, for Petitioner. Howard M. Radzely, Solicitor of
Labor, Donald S. Shire, Associate Solicitor, Mark A. Reinhalter,
Counsel for Longshore, Kathleen H. Kim, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C., for Respondent Director.
Unpublished opinions are not binding precedent in this circuit.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 its request for relief
from continuing compensation liability 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 Shpbldg. and Dry Dock Co. v. Spiers, No.
03-624-BLA (BRB May 7, 2004). 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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