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METROPOLITAN STEVEDORE CO. v. BRICKNER

No. 92-70248.

11 F.3d 887 (1993)

METROPOLITAN STEVEDORE COMPANY, Petitioner, v. Wesley BRICKNER; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1993.

Attorney(s) appearing for the Case

Robert E. Babcock, Littler, Mendelson, Fastiff & Tichy, Portland, OR, for petitioner Metropolitan Stevedore Co.

James McAdams, Magana, Cathcart, McCarthy & Pierry, Wilmington, CA, for respondent Wesley Brickner.

Joshua T. Gillelan, Donald S. Shire, U.S. Dept. of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Programs.

Before: REINHARDT, BRUNETTI and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

This appeal carries us into uncharted waters concerning the authority conferred upon administrative officers to impose sanctions against a claimant who in bad faith initiates or continues workers compensation proceedings under the Longshore & Harbor Workers' Compensation Act ("LHWCA"). We conclude that sanctions may not be imposed by an administrative officer under the LHWCA and affirm the order of the Department of Labor Benefits Review...

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