Richard E. King v. Director, Office of Workers' Compensation Programs Cargill, Inc. Northwestern National Insurance Company

King petitions for review of a Benefits Review Board decision, affirming an administrative law judge’s (“AU”) determination that King was entitled to compensation under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901-950 , for the partial physical loss of two fingers but not for partial loss of use of his hand.

I

We review Board decisions “for errors of law and for adherence to the statutory standard governing the Board’s review of the administrative law judge’s factual determinations.” Bumble Bee Seafoods v. Director, 629 F.2d 1327 , 1329 (9th Cir.1980); accord Director v. Campbell Indus., Inc., 678 F.2d 836, 838 (9th Cir.1982). The Board’s standard of review of the AU’s decision, in turn, is also narrow. The Board may not substitute its views for those of the AU, but instead must accept the AU’s findings “unless they are contrary to the law, irrational, or unsupported by substantial evidence in the record.” Id. (citations omitted); see 33 U.S.C. § 921 (b)(3). We review the administrative record independently to determine whether the Board has done so. Bumble Bee Seafoods, 629 F.2d at 1329.

II

King was employed as a longshore millwright by…