Owcp

MEMORANDUM

American Marine Corporation (“American Marine”) petitions for review of a decision of the Benefits Review Board (“BRB”) awarding benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (“LHWCA”), to Respondent Matthew Bowes (“Bowes”), who was injured in the course of his employment as a diver for American Marine. For the reasons set forth below, we deny the petition.

1. As an initial matter, Bowes argues that we do not have jurisdiction to hear the petition because the insurance carrier for American Marine named below has not petitioned for review and, by virtue of its insurance coverage, American Marine does not have independent standing to contest the BRB’s ruling. We disagree. Under the LHWCA, “[a]ny person adversely affected or aggrieved by a final order of the [BRB] may obtain a review of that order in the United States court of appeals for the circuit in which the injury occurred....” 33 U.S.C. § 921 (c). The LHWCA provides that “[e]very employer shall be liable for ... the payment to his employees of the compensation payable” [under certain sections of the LHWCA for medical treatment, disability, and death]. 33 U.S.C. § 904 (a).…