United States Ninth Circuit

In a longshoreman's petition for review of the Benefits Review Board's (Board) decision, challenging the maximum rate of compensation, the rate of interest on his past due compensation, and the award of simple rather than compound interest, the Board's decision is affirmed in part, reversed in part, and remanded where: 1) neither the Board's decision nor the Director of the Office of Workers' Compensation Programs' (Director) litigating position interpreting the Longshore Act is entitled to Chevron deference; 2) the Board correctly determined that the ALJ properly applied the maximum rate of compensation for 1991, when the petitioner became disabled; but 3) the Board erred in awarding simple interest on petitioner's past due payments at the section 1961 rate.

Appellate Information

• Decided 09/04/2012
• Published 09/04/2012

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel