Newport News Shipbuilding & Dry Dock Co. v. Hastings

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1056
NEWPORT NEWS SHIPBUILDING AND DRY DOCK
COMPANY,
Petitioner,
versus
NELLIE HASTINGS, Widow of Joseph R. Hastings;
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO-
GRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(00-243-BLA)
Submitted: May 18, 2001 Decided: June 7, 2001
Before WILKINS, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jonathan H. Walker, MASON, COWARDIN & MASON, P.C., Newport News,
Virginia, for Petitioner. Gary R. West, PATTEN, WORNOM, HATTEN &
DIAMONSTEIN, L.C., Newport News, Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Newport News Shipbuilding & Dry Dock Company petitions for
review of the decision and order of the Benefits Review Board af-
firming 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 substan-
tial evidence. See 33 U.S.C. § 921(b)(3) (1994); Gilchrist v. New-
port 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
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