Filed: May 19, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-2281 FRANKLIN D. MARTIN, Petitioner, versus DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO- GRAMS, UNITED STATES DEPARTMENT OF LABOR; CONTRANS M&R SERVICES, Respondents. On Petition for Review of an Order of the Benefits Review Board. (98-1503) Submitted: April 28, 2000 Decided: May 19, 2000 Before WIDENER, MOTZ, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Reuben E. Lawson, Baltimore, Maryland, f
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-2281 FRANKLIN D. MARTIN, Petitioner, versus DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO- GRAMS, UNITED STATES DEPARTMENT OF LABOR; CONTRANS M&R SERVICES, Respondents. On Petition for Review of an Order of the Benefits Review Board. (98-1503) Submitted: April 28, 2000 Decided: May 19, 2000 Before WIDENER, MOTZ, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Reuben E. Lawson, Baltimore, Maryland, fo..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2281
FRANKLIN D. MARTIN,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO-
GRAMS, UNITED STATES DEPARTMENT OF LABOR;
CONTRANS M&R SERVICES,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(98-1503)
Submitted: April 28, 2000 Decided: May 19, 2000
Before WIDENER, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Reuben E. Lawson, Baltimore, Maryland, for Petitioner. F. Nash
Bilisoly, IV, Kelly Outten Stokes, VANDEVENTER BLACK, L.L.P.,
Norfolk, Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Franklin D. Martin seeks review of the Benefits Review Board’s
(Board) decision and order affirming the Administrative Law Judge’s
(ALJ) denial of 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 decision was based upon substantial evi-
dence and is without reversible error.* In addition, we find Martin
failed to show prejudice as a result of the ALJ’s and the Board’s
alleged failure to consider the report of Dr. John D. MacGibbon.
Therefore, any error in this regard was harmless. Accordingly, we
affirm substantially on the reasoning of the Board. See Martin v.
Director, No. 98-1503 (B.R.B. July 28, 1999). 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
*
Martin’s claim that the ALJ and the Board failed to resolve
doubts in Martin’s favor under the so-called “true doubt rule” is
meritless. See Director v. Greenwich Collieries,
512 U.S. 267
(1994).
2