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Jones & Laughlin Steel Corp. v. Wertz

decided: November 8, 1983.

JONES & LAUGHLIN STEEL CORPORATION, PETITIONER,
v.
GERALD WERTZ, RESPONDENT, AND DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, RESPONDENT



ON PETITION FOR REVIEW OF A FINAL ORDER OF THE BENEFITS REVIEW BOARD.

Gibbons, Garth, Higginbotham, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

Jones & Laughlin Steel Corporation petitions for review of final Benefits Review Board orders of March 24, 1983 and January 10, 1983. The petitioner, the respondent Director, Office of Workers' Compensation, and the respondent Gerald Wertz, a claimant of benefits under the Longshoremen's and Harbor Workers' Compensation Act, all concede that the Benefits Review Board lacked jurisdiction to review the orders in question. Those orders were supplementary compensation orders entered pursuant to 33 U.S.C. § 918(a), which provides that "supplementary orders of the deputy commissioner shall be final." Thus it is clear that the parties' jurisdictional concession is correct. The orders of the Benefits Review Board dated March 24, 1983 and January 10, 1983 will be vacated. No costs.

19831108

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