Keith Preskey, v Cargill, Incorporated, Red Shield Service Company, Director, Office of Workers Compensation Programs, U.S. Department of Labor

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Keith PRESKEY, Petitioner, v CARGILL, INCORPORATED, Red Shield Service Company, Director, Office of Workers Compensation Programs, U.S. Department of Labor, Respondents. No. 88-7494. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1989. Decided Dec. 6, 1989. Before PREGERSON, TROTT, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Preskey contests affirmance by the Benefit Review Board ("BRB") of an order reducing his disability award pursuant to 33 U.S.C. § 922 (1982), a provision of the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (1982 & Supp. V 1987). 1 3 The administrative law judge (ALJ) who reduced the award based his decision on increases in claimant's wages and hours. Although he observed that much of the increase in Preskey's income was "attributable to the inflationary cycle of the pay scale for longshoremen," and described…