Wheaton

Gale Wheaton appeals the denial of his claim for disability benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). Gale Wheaton was a ferry repairman and mechanic in the Ferry Division of the Golden Gate Bridge, Highway & Transportation District (the “District”). In October 1999, he suffered a back injury while working aboard a vessel on navigable waters of the United States. Wheaton has been paid benefits under California workers’ compensation law. If covered by the LHWCA, he would be entitled to additional disability benefits. The dispute turns on whether the District is a “subdivision” of a state as that term is used in § 3(b) of the LHWCA, 33 U.S.C. § 903 (b), which provides: “No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof.”

An administrative law judge (“ALJ”) found, relying on facts stipulated to by the parties, that the District was a subdivision of the State of California and therefore was excluded from coverage under the LHWCA. Wheaton timely appealed to the LHWCA Benefits Review…