Dyncorp v. Dir., OWCP, No. 09-4976 (2d Cir. 2011)
Annotate this CasePetitioners appealed the decision and order of the Department of Labor Benefits Review Board reversing the ALJ's dismissal of respondent's claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901-50, as extended by the Defense Base Act, 42 U.S.C. 1651-54, as untimely. The Board determined that the ALJ's principal finding on the issue of timeliness was not supported by substantial evidence. The court held that because the ALJ's factual finding with respect to constructive awareness was not supported by substantial evidence, the Board did not overstep the limits of its appellate jurisdiction when it reversed the finding. Accordingly, the order of the Board was affirmed.
The court issued a subsequent related opinion or order on September 7, 2011.
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