Johnson v. Director, Office of Workers Compensation Programs

MEMORANDUM **

Gary Norman Johnson petitions pro se for review from the orders of the Benefits Review Board (“BRB”) affirming the Administrative Law Judge’s summary decision that it lacked jurisdiction over Johnson’s claim, and denying his motion for reconsideration en banc. We have jurisdiction pursuant to 33 U.S.C. § 921 (c). We review for errors of law and adherence to the substantial evidence standard, Marine Power & Equipment v. Dep’t of Labor, 203 F.3d 664, 667 (9th Cir.2000), and we deny the petition for review.

Johnson was a federal employee, but not an employee of a nonappropriated fund instrumentality. Thus, his exclusive remedy for a workers’ compensation claim is through the Federal Employees Compensation Act (“FECA”), 5 U.S.C. §§ 8102 (a), 8116(c), and he is ineligible for workers’ compensation benefits under the Long-shore and Harbor Workers’ Compensation Act (“Longshore Act”), 33 U.S.C. §§ 901-50 , as amended by the Nonappropriated Fund Instrumentalities Act, 5 U.S.C. §§ 8171-93 . See Lance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995).

Furthermore, section 33(a) of the Long-shore Act does not provide an exception to this rule, rather, it allows an employee…