Jerry Edwards v. Director, Office of Workers' Compensation Programs, United States Department of Labor, Eagle Insurance Group

Edwards petitions this court for review of the Benefits Review Board’s order staying an award of compensation benefits. We grant the petition and vacate the Board’s order.

I

The facts pertinent to this appeal are not in dispute. The petitioner, Jerry Edwards, injured his knee while working on a dredging project for his employer, Smith-Rice Company/Dutra Construction Company. Edwards filed a claim under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) with the Office of Workers’ Compensation Programs (“OWCP”). Eventually Edwards and the insurance adjuster representing the employer’s insurance carrier entered into a stipulation regarding benefits. This stipulation was submitted to the OWCP.

Approximately two months later, counsel for the employer -and carrier (collectively “Smith-Rice”) requested that the OWCP delay issuing a compensation order — the stipulation notwithstanding — on the ground that Edwards’ injury did not come within the purview of the LHWCA because the project involved an inland lake rather than navigable waters as required under 33 U.S.C. § 903 (a). Smith-Rice requested an “immediate informal conference to discuss the issue of subject matter…