National Steel & Shipbuilding Co., Inc. v. Director, Office Of Workers' Compensation Programs

703 F.2d 417 1984 A.M.C. 910 NATIONAL STEEL & SHIPBUILDING CO., INC., Employer-Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, and William D. McGregor, Claimant-Respondent. No. CA 81-7807. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1983. Decided April 8, 1983. William H. Taylor, Taylor, Jones & Wilson, San Diego, Cal., for employer-petitioner. Laurie M. Streeter, Ralph M. Hartmen and Allen H. Sachel, Washington, D.C., for respondent. Petition for Review of an Order Of the Benefits Review Board. Before ELY, HUG, and CANBY, Circuit Judges. CANBY, Circuit Judge: 1 National Steel again appeals to us a Benefit Review Board (BRB or Board) decision awarding William D. McGregor benefits for loss of vision in one eye, measured by his uncorrected rather than his corrected vision after the injury. The Director in turn contends that National Steel has not appealed from a "final order" of the BRB and that the BRB computed the benefits under the proper legal standard. We find that we have jurisdiction to consider the petition and we uphold the decision of the Board. FACTS AND PROCEDURAL…