Providence Washington Insurance Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Constance Kain

This is a petition to review a final order of the Benefits Review Board of the United States Department of Labor (the “Board”) dismissing for lack of jurisdiction petitioner’s appeal to the Board from a Deputy Commissioner’s Supplementary Compensation Order, awarding 20 percent additional compensation pursuant to § 14(f) of the Longshoremen’s and Harbor Workers’ Compensation Act (the “LHWCA”), 33 U.S.C. § 914 (f). In dismissing petitioner’s appeal, the Board relied on Tidelands Marine Serv. v. Patterson, 719 F.2d 126 (5th Cir.1983) (“Tidelands”), which held that the Board lacked jurisdiction to review supplemental orders finding employers in default of their obligation to pay additional compensation owing under § 914(f). Petitioner contends that the Board misconstrued the LHWCA in holding that it lacked jurisdiction to review a supplemental order awarding additional compensation under § 914(f). We affirm.

BACKGROUND

This dispute arises from a Compensation Order of an Administrative Law Judge (the “ALJ”), entered on November 15, 1983, finding that respondent Constance Kain was entitled to disability payments from her employer, Marine Industries Northwest. Petitioner, the insurer…