Metropolitan Stevedore Company v. Wesley Brickner Director, Office of Workers Compensation Programs

This appeal carries us into uncharted waters concerning the authority conferred upon administrative officers ,to impose sanctions against a claimant who in bad faith initiates or continues workers compensation proceedings under the Longshore & Harbor Workers’ Compensation Act (“LHWCA”). We conclude that sanctions may not be imposed by an administrative officer under the LHWCA and affirm the order of the Department of Labor Benefits Review Board.

BACKGROUND FACTS

Wesley Brickner allegedly suffered work-related injuries on three occasions. His employer, Metropolitan Stevedore Company (“Metropolitan”), paid him compensation for each of the three injuries pursuant to the LHWCA, 33 U.S.C. § 901-50 . Brickner then claimed that the first injury caused permanent disability which entitled him to additional compensation, that the second injury disabled him for four months longer than Metropolitan had paid him, and that, with respect to all three injuries, Metropolitan had paid a lower rate of compensation than the rate to which he was entitled.

The Administrative Law Judge (“ALJ”) found that neither Brickner nor his treating physician were credible and denied Brick-ner’s claims for…