Farrel D. Hanson v. Marine Terminals Corporation, Nevada Corporation and Majestic Insurance Company, a California Corporation

Farrel D. Hanson (“Hanson”) appeals the district court’s grant of summary judgment dismissing his action to enforce a Department of Labor (“DOL”) order awarding a monetary penalty to Hanson for an overdue compensation award under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) pursuant to 33 U.S.C. § 914 (f). The district court denied the penalty on equitable grounds. We reverse because we conclude, in accord with our sister circuits, that equitable factors have no place in the district court’s consideration of a § 914(f) penalty.

I. FACTS AND PROCEDURAL HISTORY

Hanson has worked for Marine Terminals Corporation (“Marine Terminals”) since 1967. He filed a claim under the LHWCA for compensation due to hearing loss. On the claim form filed with the DOL, Hanson incorrectly stated that his address was “4444 E. Haines Road, Cor-bett, Oregon 97019.” Hanson’s actual house number is “44443.” Marine Terminals and its insurance carrier, Majestic Insurance Company (collectively “employer”), were unaware of Hanson’s true address. The parties agreed to settle the hearing loss claim and the employer submitted the proposed settlement to the DOL for approval, listing…