Newport News Shipbldg v. Minor ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2196
NEWPORT NEWS SHIPBUILDING AND DRY DOCK
COMPANY,
Petitioner,
versus
ALVIN MINOR; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(02-850)
Submitted: March 31, 2004 Decided: December 15, 2004
Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.
Petition for review denied by unpublished per curiam opinion.
Christopher R. Hedrick, MASON, MASON, WALKER & HEDRICK, P.C.,
Newport News, Virginia, for Petitioner. John H. Klein, MONTAGNA
BREIT KLEIN CAMDEN, LLP, Norfolk, Virginia, for Respondent Minor.
Unpublished opinions are not binding precedent in this circuit.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 administrative law judge’s finding that Alvin Minor was
entitled to an additional permanent partial disability rating of
six percent pursuant to § 8(c) of the Longshore and Harbor Workers’
Compensation Act, 33 U.S.C. §§ 901-950 (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
Shipbuilding & Dry Dock Co. v. Minor, BRB No. 02-0850 (BRB Aug. 27,
2003). 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.
The petition for review is accordingly
DENIED.
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