Bruce W. Christensen v. Stevedoring Services of America, Inc. Homeport Insurance Co.

Bruce W. Christensen appeals the district court’s order dismissing his action against Stevedoring Services of America, Inc. and Homeport Insurance Co. (“defendants”) to enforce an award of attorney’s fees and costs pursuant to the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 921 (d). Because Christensen’s appeal of his underlying compensation award was still pending, the district court dismissed Christensen’s claim for lack of subject matter jurisdiction. We affirm.

I. BACKGROUND

Christensen, a longshoreman, filed claims for permanent partial disability and permanent total disability under the LHWCA for injuries sustained in April 1997 and April 1999. An administrative law judge (“ALJ”) awarded Christensen compensatory benefits for permanent partial disability but less than he requested, leading him to appeal the compensation award to the Department of Labor’s Benefits Review Board (“Benefits Review Board” or “Board”). The ALJ also awarded Christensen attorney’s fees and costs in the amount of $16,614.73, a determination he also appealed as inadequate. Defendants did not appeal either award. While Christensen’s appeals were pending, he filed the present…