United States Fourth Circuit

An employee was entitled to continued disability benefits under the Longshore and Harbor Workers' Compensation Act, because suitable alternative employment was not reasonably available due to his ongoing participation in an approved rehabilitation program.

Appellate Information

• Decided 12/27/2002
• Published 12/27/2002

Judges

• Before WILKINS, MICHAEL, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan Henry Walker, Mason, Cowardin & Mason, P.C., Newport News, Virginia, for Petitioner.  John Harlow Klein, Montagna, Breit, Klein, Camden, L.L.P., Norfolk, Virginia, for Respondent Brickhouse.   Sarah Catherine Crawford, United States Department of Labor, Washington, D.C., for Respondent Director.   ON BRIEF:  Eugene Scalia, Solicitor of Labor, John F. Depenbrock, Associate Solicitor for Employee Benefits, Samuel J. Oshinsky, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Respondent Director.