United States Fourth Circuit

In a case where shipbuilder was injured at work and claimed a permanent loss of wage earning capacity, denial of request for modification of petitioner's award of compensation pursuant to section 922 of the Longshore and Harbor Workers' Compensation Act is vacated as respondent board erred in holding that petitioner's section 922 modification request is time-barred.

Appellate Information

• Decided 06/18/2007
• Published 06/18/2007

Judges

• Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gregory Edward Camden, Montagna, Klein, Camden, L.L.P., Norfolk, Virginia, for Petitioner.  Richard Anthony Seid, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents.   ON BRIEF:  Jonathan H. Walker, Mason, Mason, Walker & Hedrick, P.C., Newport News, Virginia, for Respondent Newport News Shipbuilding and Dry Dock Company.  Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark A. Reinhalter, for Longshore, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Federal Respondent.