Newport News Shipbld v. DOWCP ( 2000 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 98-2740
    NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY,
    Petitioner,
    versus
    DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO-
    GRAMS, UNITED STATES DEPARTMENT OF LABOR;
    ROSCOE MITCHELL,
    Respondents.
    On Petition for Review of an Order of the Benefits Review Board.
    (98-289)
    Submitted:   October 14, 1999             Decided:   January 14, 2000
    Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Jonathan Henry Walker, MASON & MASON, P.C., Newport News, Virginia,
    for Petitioner. Robert E. Walsh, Chanda L. Wilson, 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    Unpublished opinions are not binding precedent in this circuit.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).
    PER CURIAM:
    Newport News Shipbuilding and Dry Dock Company seeks review of
    the Benefits Review Board’s decision and order affirming the Admin-
    istrative Law Judge’s (“ALJ”) award of disability benefits under
    the Longshore and Harbor Workers Compensation Act, 
    33 U.S.C. § 901
    (1994).   Our review of the record discloses that the Board’s deci-
    sion was based upon substantial evidence and is without reversible
    error.    Accordingly, we affirm substantially on the reasoning of
    the Board. See Newport News Shipbuilding v. DOWCP, No. 98-289 (BRB
    Nov. 12, 1998).    In addition, we find that Newport News has failed
    to show or even claim prejudice to its case as a result of the
    ALJ’s failure to consider Claimant’s refusal to meet with Newport
    News’ vocational expert.    Therefore, any error in this regard was
    harmless.     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
    2
    

Document Info

Docket Number: 98-2740

Filed Date: 1/14/2000

Precedential Status: Non-Precedential

Modified Date: 10/31/2014