Price

ORDER

The opinion filed May 11, 2004, is amended as follows:

At slip op. 6000, line 17, after the citation to ITO Corp. v. Green, 185 F.3d 239, 243 (4th Cir.1999), but before the citation to Rupert v. Todd Shipyards Corp., 239 F.2d 273, 276-77 (9th Cir.1956), add a citation to “Korineck v. Gen. Dynamics Corp., 835 F.2d 42 , 43-44 (2d Cir.1987).”

At slip op. 6004, line 4, insert the following footnote after the sentence that ends with “(25 hours times $48 per hour)”:

At slip op. 6004, line 17, insert the following paragraph before the paragraph beginning with “In sum,”:

At slip op. 6004, line 26, delete, “Without the prior disability, he would be capable of earning more than he was making at the time of the second injury.” Also delete “Thus,” at the beginning of the next sentence and capitalize the “t” in “the.”

With these amendments, the panel has voted to deny petitioners’ petition for panel rehearing and petition for rehearing en banc, filed June 2, 2004. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on whether to rehear the matter en banc. Accordingly, the petition for panel rehearing and petition for…