BRB No. 98-1482


HERBERT GLADNEY                         )
                                        )    
          Claimant-Respondent           )
                                        )
     v.                                 )
                                        )
INGALLS SHIPBUILDING,                   )    DATE ISSUED:   08/09/1999

INCORPORATED                            )
                                        )
          Self-Insured                  )    
          Employer-Petitioner           )    
                                        )
DIRECTOR, OFFICE OF WORKERS'            )
COMPENSATION   PROGRAMS,                )
UNITED STATES DEPARTMENT                )
OF LABOR                                )
                                        )
          Respondent                    )    DECISION and ORDER

     Appeal of the Decision and Order on Remand Denying Employer's Motion to
     Dismiss and Granting Claimant's Motion for Withdrawal and the Order of
     Clarification and Denial of Employer's Petition for Reconsideration of
     Richard D.  Mills, Administrative Law Judge, United States Department of Labor.

     Hayden S.  Dent (Scruggs, Millette, Bozeman & Dent, P.A.), Pascagoula, Mississippi, for
     claimant.

     Paul M.  Franke, Jr.  (Franke, Rainey & Salloum, PLLC), Gulfport, Mississippi, for self-insured
     employer.

     Joshua T.  Gillelan II (Henry L.  Solano, Solicitor of Labor; Carol A. DeDeo, Associate
     Solicitor; Samuel J. Oshinsky, Counsel for Longshore), Washington, D.C., for the Director,
     Office of Workers' Compensation Programs, United States Department of Labor.
     
          Before: HALL, Chief Administrative Appeals Judge, SMITH and McGRANERY, Administrative
     Appeals Judges.

     PER CURIAM:
     
     Employer appeals the Decision and Order on Remand Denying Employer's Motion
to Dismiss and Granting Claimant's Motion for Withdrawal and the Order of
Clarification and Denial of Employer's Petition for Reconsideration (93-LHC-8968)
of Administrative Law Judge Richard D.  Mills rendered on a claim filed pursuant
to the provisions of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.
§901 et seq.  (the Act).  The Board must affirm the administrative law
judge's findings of fact and conclusions of law which are rational, supported by
substantial evidence and in accordance with law. O'Keeffe v. Smith, Hinchman & Grylls
Associates, Inc., 380 U.S. 359 (1965); 33 U.S.C. §921(b)(3).

     In his decision on remand from the Board, the administrative law judge determined
that Section 33(g) of the Act, 33 U.S.C. §933(g), is inapplicable to this
claim on the ground that claimant is not a "person entitled to compensation." 
Employer appeals this finding on a number of grounds.  Claimant and the Director,
Office of Workers' Compensation Programs, have filed response briefs urging
affirmance of the administrative law judge's decision.  For the reasons stated in
Gladney v.  Ingalls Shipbuilding, Inc.,       BRBS        ,
BRB No.  98-1481 (August 4, 1999), we affirm the administrative law judge's decision.
See also Ingalls Shipbuilding, Inc. v. Director, OWCP [Yates], 519
U.S. 248, 31 BRBS 5 (CRT) (1997); Brown & Root, Inc. v. Sain, 162
F.3d 813, 32 BRBS 205 (CRT) (4th Cir. 1998); Gladney v.  Ingalls
Shipbuilding, Inc., 30 BRBS 25 (1996) (McGranery, J., concurring in the
result only); Harris v.  Todd Pacific Shipyards Corp., 30 BRBS 5
(1996) (en banc) (Brown and McGranery, JJ., concurring and
dissenting), aff'g on recon.  28 BRBS 254 (1994).

     SO ORDERED.


                                                                   
                         BETTY JEAN HALL, Chief
                         Administrative Appeals Judge


                                                                   
                         ROY P. SMITH
                         Administrative Appeals Judge


                                                                   
                         REGINA C. McGRANERY
                         Administrative Appeals Judge

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