Arthur Deweert v. Stevedoring Services of America Homeport Insurance Co. Director, Officeof Workers' Compensation Programs

Petitioner, Arthur DeWeert, filed a claim for benefits pursuant to the Long-shore and Harbor Workers’ Compensation Act (Act), 33 U.S.C. §§ 901-950 . An administrative law judge (ALJ) found that Petitioner’s post-injury wage-earning capacity exceeded his pre-injury average weekly wage and, accordingly, awarded him the nominal sum of $1 per week. The Benefits Review Board (Board) upheld that award. We affirm.

STANDARD OF REVIEW

The Board “may not substitute its views for those of the ALJ, but instead must accept the ALJ’s findings unless they are contrary to the law, irrational, or unsupported by substantial evidence.” King v. Dir., OWCP, 904 F.2d 17, 18 (9th Cir.1990) (citation and internal quotation marks omitted). We review the Board’s decision for “errors of law and adherence to the substantial evidence standard, and we may affirm on any basis contained in the record.” Alcala v. Dir., OWCP, 141 F.3d 942, 944 (9th Cir.1998) (citation and internal quotation marks omitted).

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner is a registered longshoreman. He injured his lower back while at work on October 31, 1993. Although in pain, he returned to work the following day. A few days…