Everitt

Everitt v. Director, Office of Workers Compensation Programs

Good Law
107 F. App'x 750
United States Court of Appeals for the Ninth CircuitAugust 10, 2004No. 02-74232, 02-74309California1,165 words

Opinion

Lead Opinion

MEMORANDUM *

Russell Patrick Everitt (“Everitt”) petitions for review of the Benefits Review Board’s (“Board”) decision to modify an award of disability benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 38 U.S.C. § 901 et seq. Stevedoring Services of America and Homeport Insurance Company (collectively, “SSA”) separately petition for review of an award of attorney’s fees against them. We have jurisdiction pursuant to 33 U.S.C. § 921 (c). We grant Everitt’s petition for review and deny SSA’s petition for review.

We review the Board’s decision for “errors of law.and adherence to the substantial evidence standard, and may affirm on any basis contained in the record.” Brady-Hamilton Stevedore Co. v. Dir., OWCP (Anderson), 58 F.3d 419, 421 (9th Cir.1995) (citation and internal quotation marks omitted). In accordance with the remedial purposes of the LHWCA, we resolve all doubts in favor of the employee. See Matulic v. Dir., OWCP, 154 F.3d 1052, 1055 (9th Cir.1998).

I

Everitt, SSA, and the Director of the Office of Workers’ Compensation Programs (“Director”) argue that the Board’s decision creates a $277.27 discrepancy in monthly benefits that will go…

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