Wallace McFarland v. Bethlehem Steel Corporation Director, Office of Workers Compensation Programs

959 F.2d 240 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wallace McFARLAND, Petitioner, v. BETHLEHEM STEEL CORPORATION; Director, Office of Workers Compensation Programs, Respondents. No. 91-70345. United States Court of Appeals, Ninth Circuit. Submitted March 25, 1992. * Decided March 30, 1992. Before JAMES R. BROWNING, TANG and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Wallace McFarland appeals pro se the order of the Benefits Review Board ("the Board") denying his motion for reconsideration. In his motion for reconsideration McFarland challenged the Board's denial of his request to reopen his claim for benefits under the Longshoreman's and Harbor Workmen's Compensation Act ("the Act"). We dismiss this appeal for lack of subject matter jurisdiction because the order appealed from is non-reviewable under 5 U.S.C. § 701 (a)(2). 3 McFarland was employed by Bethlehem Steel Corporation in March of 1970. He alleges that he was injured during the course of his…