Owcp

Blackwater Security Consulting, LLC v. Director, Office of Workers Compensation Programs

Good Law
503 F. App'x 498
United States Court of Appeals for the Ninth CircuitDecember 19, 201211-71587California538 words

Opinion

Opinion

MEMORANDUM

Petitioner Blackwater Security Consulting, LLC, and its insurance carrier, Continental Insurance Company (together, “Blackwater”), petition for review of the decision of the Benefits Review Board (“BRB”) partially affirming the decision of the Administrative Law Judge (“ALJ”) and awarding Daniel Raymond compensation under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA”), as extended by the Defense Base Act, 42 U.S.C. § 1651 et seq. (“DBA”). Because the facts and procedural history are familiar to the parties, we do not recite them here, except as necessary to explain our disposition. We have jurisdiction under 33 U.S.C. § 921 (c). We review decisions of the BRB “for errors of law and adherence to the substantial evidence standard.” Keenan v. Dir., OWCP, 392 F.3d 1041, 1044 (9th Cir.2004). We deny Blackwater’s petition for review.

Blackwater’s contention that the BRB overturned the factual finding of the ALJ that Raymond planned to cease his overseas employment is incorrect: the BRB did not dispute the ALJ’s finding, rather it held that the finding was legally irrelevant. Blackwater’s argument that the ALJ should have been allowed…

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