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Snowden v. Director, Office of Workers' Compensation Programs, United States Dept. of Labor

Order of Benefits Review Board concerning petitioner's compensation rate vacated; Board lacked jurisdiction to review, and overturn, the supplementary compensation order of the Office of Workers' Compensation Programs because it was a final order reviewable only by the district court.

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Argued April 13, 2001

On Petition for Review of an Order of the Benefits Review Board

This case is one of the last claims likely to be brought by a District of Columbia employee under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. ss 901-950 (1994).*fn1 Florence Snowden appeals an order of the Benefits Review Board of the United States Department of Labor overturning a supplementary compensation order of the Office of Workers’ Compensation Programs. The underlying controversy is whether Ms. Snowden’s compensation rate should include annual cost of living adjustments under s 910(f) of the Act for the years between her 1978 injury and the 1990 classification of her disability as permanent and total. The only question the court reaches, however, is whether the Board erred in asserting jurisdiction to review the supplementary compensation order. We join the other circuits that have addressed this question in holding that the Board lacked jurisdiction to review the order because it was issued pursuant to s 918(a), and thus became final when issued, with relief available only from the district court. Accordingly, we vacate the November 15, 1999 decision and order of the Board.

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