Newport News Shipbuilding & Dry Dock Co. v. Hastings

11 F. App'x 296

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 7, 2001
• Docket: 01-1056
• Status: Unpublished

Opinion

PER CURIAM.

Newport News Shipbuilding & Dry Dock Company petitions for review of the decision and order of the Benefits Review Board affirming the Administrative Law Judge’s decision and orders awarding benefits and attorney fees. We affirm.

We find that the ALJ’s finding that Joseph R. Hastings had asbestosis and that it hastened his death is supported by substantial evidence. See 33 U.S.C. § 921(b)(3) (1994); Gilchrist v. Newport News Shipbuilding & Dry Dock Co., 135 F.3d 915, 918 (4th Cir.1998). We further find that the ALJ did not abuse its discretion by awarding attorney fees to the Claimant.

Accordingly, we affirm the Board’s decision and order. 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.