Owcp

MEMORANDUM

Petitioner Fred Wahl Marine and Construction, Inc. appeals the Benefits Review Board’s finding that Administrative Law Judge William Dorsey (“ALJ”) properly held that respondent/eounter-claim petitioner William R. McCullough was entitled to permanent total disability benefits, despite the fact that petitioner identified one suitable alternative employment position at Daily Queen. McCullough appeals the board’s holding that the Dairy Queen job was suitable alternative employment and asserts that it was an abuse of discretion when the board held that $250 per hour for attorney’s fees was reasonable.

We review the ALJ’s findings of fact to determine if they are supported by substantial evidence in the record as a whole. 33 U.S.C. § 921 (b)(3); Hairston v. Todd Shipyards Corp., 849 F.2d 1194, 1195 (9th Cir.1988). We conduct our own independent review of the evidence to determine if the board followed this standard. Stevedoring Servs. of Am. v. Price, 382 F.3d 878 , 883 (9th Cir.2004), cert. denied, 544 U.S. 960 , 125 S.Ct. 1724 , 161 L.Ed.2d 601 (2005).

After considering McCullough’s suspended driver’s license, the lack of public transportation in the area, and the…