Pearce v. Director, Office Of Workers' Compensation Programs

603 F.2d 763 Gerry E. PEARCE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and McDonnell Douglas Corporation, and Industrial Indemnity Company, Respondents. No. 77-2074. United States Court of Appeals, Ninth Circuit. Aug. 31, 1979. Bruce Nangle (argued), Clayton, Mo., for petitioner. Laurie M. Streeter, U. S. Dept. of Labor, Washington, D. C., Mark C. Walters (argued), Washington, D. C., Lee H. Cliff, San Francisco, Cal. (argued), for respondents. On Petition for Review of an Order of the Benefits Review Board. Before DUNIWAY and KENNEDY, Circuit Judges, and KING, * District Judge. DUNIWAY, Circuit Judge: 1 Petitioner Gerry E. Pearce received bi-weekly workers' compensation benefits under the Longshoremen's and Harbor Workers' Compensation Act, as amended, 33 U.S.C. §§ 901 Et seq. ("the Longshoremen's Act"), as extended by the Defense Base Act, as amended, 42 U.S.C. §§ 1651 Et seq. He seeks review of a final order of the Benefits Review Board affirming a deputy commissioner's refusal to commute his bi-weekly benefits into a lump sum compensation award as permitted under § 14(j) of the Longshoremen's…