Joe L. Turner, Petitioner, v. Todd Pacific Shipyards Corporation; Aetna Casualty Andsurety Company; and Director, Office of Workerscompensation Programs, Respondents, 990 F.2d 1261 (9th Cir. 1993)

Before NOONAN and LEAVY, Circuit Judges, and TANNER,^**  Senior District Judge.

Joe L. Turner ("Turner") petitions for review of the decision of the Benefits Review Board ("BRB") affirming an administrative law judge's ("ALJ") denial of Turner's claim, asserted under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950, for psychological injuries arising out of the working conditions Turner experienced near the end of his employment with Todd Pacific Shipyards Corporation ("Todd"). The gist of Turner's claim below and on appeal is that he was subjected to harassment when his newly hired supervisor undercut his authority by, e.g., rewriting his memoranda and embarrassing him in front of coworkers, and that he was unfairly demoted, transferred, and reduced in pay prior to his departure from Todd's employ. The ALJ found that Turner's complaints of harassment were not supported by the evidence and that his psychological injuries were noncompensable under the LHWCA because they were the product of stress caused by personnel actions resulting from Todd's legitimate business decisions. See Merino v. Navy Exchange, 20 BRBS 166, 168 (1988). The BRB unanimously affirmed the ALJ's decision in a per curiam disposition, and Turner has timely appealed.

The BRB was required to accept the ALJ's findings unless they were contrary to law, irrational, or unsupported by substantial evidence. See Port of Portland v. Director, OWCP, 932 F.2d 836, 838 (9th Cir. 1991). We find no errors of law in the BRB's decision and no departure by the BRB from the substantial evidence standard. See id. Accordingly, the petition for review is DENIED. Todd's request for fees on appeal is DENIED.