Kevin Keenan v. Director For The Benefits Review Board

392 F.3d 1041 KEVIN KEENAN, Petitioner, v. DIRECTOR FOR the BENEFITS REVIEW BOARD; Director, Office of Workers Compensation Programs; U.S. Department of Labor; Eagle Marine Services, Respondents. No. 03-70442. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 4, 2004. Filed December 21, 2004. James M. McAdams, Pierry, Moorhead, McAdams & Shenoi, LLP, Wilmington, CA, for the petitioner. Cindy Gutierrez (Argued), Daniel F. Valenzuela (On the Briefs), Samuelson, Gonzalez, Valenzuela & Brown, San Pedro, CA, for the respondents. On Petition for Review of an Order of the Benefits Review Board. Before: GOODWIN, FISHER, and TALLMAN, Circuit Judges. GOODWIN, Circuit Judge. 1 This appeal presents the following questions: (1) whether petitioner's shoulder impairment should be compensated as a scheduled disability of the arm under 33 U.S.C. § 908 (c)(1); (2) in the alternative, whether he is entitled to unscheduled compensation under 33 U.S.C. § 908 (c)(21) on the ground that his shoulder injury prevented him from accepting a more lucrative foreman's position; and (3) whether, if neither form of compensation is granted, petitioner is entitled to a…