National Steel & Shipbuilding Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor

National Steel again appeals to us a Benefit Review Board (BRB or Board) decision awarding William D. McGregor benefits for loss of vision in one eye, measured by his uncorrected rather than his corrected vision after the injury. The Director in turn contends that National Steel has not appealed from a “final order” of the BRB and that the BRB computed the benefits under the proper legal standard. We find that we have jurisdiction to consider the petition and we uphold the decision of the Board.

FACTS AND PROCEDURAL HISTORY

McGregor, a welder for National Steel, injured his right eye on June 5, 1973. He applied for benefits under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 908 (c) (1979) (Act). At the initial hearing before an administrative law judge (ALJ), the evidence showed that McGregor suffered a loss of over 80% of his uncorrected vision in the injured eye; with glasses, however, his loss of vision was reduced to 50%. Under section 8(c)(16) of the Act, 33 U.S.C. § 908 (c)(16), compensation for loss of 80% or more of the vision of an eye is the same as for total loss of an eye; it is fixed by schedule at 160 weeks compensation. Id. at § 908(c)(5).…