Alfred Wakeley v. Knutson Towboat Company

FILED

NOT FOR PUBLICATION

AUG 20 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALFRED F. WAKELEY, No. 19-70399

Petitioner, BRB No. 18-0238

v.

MEMORANDUM*

KNUTSON TOWBOAT COMPANY; et al.,

Respondents.

On Petition for Review of an Order of the Benefits Review Board

Argued and Submitted September 3, 2020 Seattle, Washington

Before: TASHIMA, BYBEE, and COLLINS, Circuit Judges.

Alfred Wakeley petitions for review of a Benefits Review Board (BRB)

decision upholding an administrative law judge (ALJ) decision awarding Wakeley

attorney’s fees and costs under the Longshore and Harbor Workers’ Compensation

Act (LHWCA), 33 U.S.C. §§ 901–50. We review the BRB decision “for errors of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. law and adherence to the substantial evidence standard.” Port of Portland v. Dir.,

OWCP, 932 F.2d 836, 838 (9th Cir. 1991). We grant the petition for review and

remand to the BRB for further proceedings. We also order the BRB to…