THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Wednesday, March 22, 1995              TAG: 9503220307
SECTION: BUSINESS                 PAGE: D3   EDITION: FINAL 
SOURCE: BLOOMBERG BUSINESS NEWS 
                                             LENGTH: Short :   37 lines

SHIPYARD WINS DISPUTE WITH LABOR DEPARTMENT THE AGENCY WANTED TO APPEAL A DECISION ON DISABILITY PAY.

The U.S. Supreme Court ruled in favor of Newport News Shipbuilding on Tuesday in its dispute with the U.S. Department of Labor over disability payments to an injured worker.

The Supreme Court said that the Labor Department does not have the authority to appeal denial of disability payments on behalf of an injured worker who chooses not to contest a benefits ruling.

The justices unanimously ruled that the Labor Department's Office of Workers' Compensation Programs does not have a sufficient legal stake in disability cases to bring the matter to court.

The dispute involved Jackie Harcum, an employee of Newport News Shipbuilding, who was injured in 1984 when a metal grate fell onto his back. In 1989, after leaving the company because he was physically unable to work, Harcum filed for disability payments under a federal longshoreman's law.

An administrative judge for the government's Benefits Review Board denied Harcum's request for full disability benefits, but awarded partial disability payments. The review board upheld the decision on appeal.

Although Harcum did not challenge the ruling, the Office of Workers' Compensation Programs asked a federal appeals court to award full disability payments. The court refused, however, saying that the federal agency did not have legal standing to appeal.

The Supreme Court upheld the appeals court decision Tuesday. by CNB