DOWCP v. Newport News Shipbld

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner,

v.

NEWPORT NEWS SHIPBUILDING AND No. 96-2625 DRY DOCK COMPANY, Respondent,

and

SUSAN CAMPBELL, Claimant.

On Petition for Review of an Order of the Benefits Review Board. (94-240)

Argued: July 7, 1997

Decided: September 2, 1997

Before LUTTIG and WILLIAMS, Circuit Judges, and Joseph F. ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

_________________________________________________________________

Remanded with instructions by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

ARGUED: Joshua Thomas Gillelan, II, Senior Attorney, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, WASHINGTON, D.C., for Petitioner. Benjamin McMullan Mason, MASON & MASON, P.C., Newport News, Virginia, for Respondent. ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Carol A. De Deo, Associate Solicitor, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Peti- tioner.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit.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

_________________________________________________________________

OPINION

PER CURIAM:

The present appeal was taken based upon Section 8(f) of the Long- shoreman's Act. 33 U.S.C. § 908(f). This case was decided by an Administrative Law Judge (ALJ) on September 21, 1993. After the ALJ reached his decision, this court decided Director, OWCP v. New- port News Shipbuilding & Dry Dock Co. (Harcum), 8 F.3d 175 (4th Cir. 1993). The court remands the matter to the ALJ for further find- ings in light of Harcum.

REMANDED WITH INSTRUCTIONS