Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122, 4 (1995)

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Cite as: 514 U. S. 122 (1995)

Opinion of the Court

opposing the Director's pursuit of the action, expressly declined to intervene on his own behalf in response to an inquiry by the Court of Appeals. The Court of Appeals sua sponte raised the question whether the Director had standing to appeal the Board's order. 8 F. 3d 175 (1993). It concluded that she did not have standing with regard to that aspect of the order denying Harcum's claim for full-disability compensation, since she was not "adversely affected or aggrieved" by that decision within the meaning of 21(c) of the Act, 33 U. S. C. 921(c).1 We granted the Director's petition for certiorari. 512 U. S. 1287 (1994).


The LHWCA provides for compensation of workers injured or killed while employed on the navigable waters or adjoining, shipping-related land areas of the United States. 33 U. S. C. 903. With the exception of those duties imposed by 919(d), 921(b), and 941, the Secretary of Labor has delegated all responsibilities of the Department with respect to administration of the LHWCA to the Director of the Office of Workers' Compensation Programs (OWCP). 20 CFR 701.201 and 701.202 (1994); 52 Fed. Reg. 48466 (1987). For ease of exposition, the Director will hereinafter be referred to as the statutory recipient of those responsibilities.

A worker seeking compensation under the Act must file a claim with an OWCP district director. 33 U. S. C. 919(a); 20 CFR 701.301(a) and 702.105 (1994). If the district director cannot resolve the claim informally, 20 CFR 702.311, it is referred to an ALJ authorized to issue a compensation order, 702.316; 33 U. S. C. 919(d). The ALJ's decision is reviewable by the Benefits Review Board, whose members are appointed by the Secretary. 921(b)(1). The Board's

1 The court found that, as administrator of the 944 special fund, the Director did have standing to appeal the Board's decision to grant respondent relief under 908(f). That ruling is not before us, and we express no view upon it.


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