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PRICE v. STEVEDORING SERVICES OF AMERICA, INC.

Nos. 08-71719.

627 F.3d 1145 (2010)

Arel PRICE, Petitioner, v. STEVEDORING SERVICES OF AMERICA, INC.; Eagle Pacific Insurance Company; Homeport Insurance Co.; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2010.

Attorney(s) appearing for the Case

Joshua T. Gillelan II (argued), Longshore Claimants' National Law Center, Washington, D.C., for petitioner Arel Price.

Russell A. Metz , Seattle, WA, for respondents Stevedoring Services of America and Eagle Pacific Insurance Company.

Gregory F. Jacob , Rae Ellen James , Mark A. Reinhalter , Matthew W. Boyle , U.S. Department of Labor, for the Federal Respondent, Director, Officer of Workers' Compensation Programs.

Opinion by Judge N.R. SMITH; Concurrence by Judge O'SCANNLAIN.

OPINION

N.R. SMITH, Circuit Judge:

Interest on past due disability payments under the Long-shore and Harbor Workers' Compensation Act ("LHWCA" or "Act"), 33 U.S.C. § 901 et seq., is properly calculated as simple interest at the rate defined in 28 U.S.C. § 1961(a).

We have jurisdiction under 33 U.S.C. § 921(c), and we affirm the decision of the Department of Labor Benefits Review Board ("BRB" or "Board").

I. FACTUAL AND PROCEDURAL...

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