Robert Nealon v. California Stevedore & Ballast Co., and Director, Office of Workers' Compensation Programs, United States Department of Labor

The question in this case is whether, under § 19(e) of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq., and the supporting regulation, service on the parties must be effected before a compensation order is deemed “filed.” We hold that it must, and remand Nealon’s case to the Benefits Review Board with instructions to remand to the Administrative Law Judge for an evidentiary hearing as to when and whether Nealon was served with the order that he sought to appeal to the Board.

I. FACTS

Robert Nealon was injured in August, 1988, while employed as a longshore worker by California Stevedore & Ballast Company (“California Stevedore”). He filed a claim for benefits under the Longshore and Harbor Workers’ Compensation Act (“Longshore Act”), 33 U.S.C. § 901 et seq. California Stevedore contested the claim. The Administrative Law Judge (“ALJ”) found that Nealon’s injury occurred at a location not covered under the Longshore Act, and filed an order denying the claim.

Nealon timely moved for reconsideration of the ALJ’s order. In a second order, the ALJ denied his motion. According to the Director of the Office of Workers’ Compensation Programs (“Director”), the…