Wallace K. Nelson v. Director, Office of Workers' Compensation Programs Guy F. Atkinson Construction Company Wausau Insurance Co.

101 F.3d 706 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 K. NELSON, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Guy F. Atkinson Construction Company; Wausau Insurance Co., Respondents. No. 95-70333. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1996. * Decided Nov. 13, 1996. 1 Before: CANBY, RYMER, and KLEINFELD Circuit Judges. 2 MEMORANDUM ** 3 Wallace K. Nelson petitions for review of the final order of the Benefits Review Board, denying him coverage under the Longshore and Harbor Workers' Compensation Act (LHWCA) for an injury sustained during construction on dry land of a lock to the Columbia River. We have jurisdiction under 33 U.S.C. § 921 (c), and we affirm. 4 * The Board affirmed the ALJ's decision denying benefits on the footing that Nelson's injury did not occur upon "navigable waters" or "other adjoining area" for purposes of coverage under § 903(a). 5 To qualify for compensation under the LHWCA, an…