U.S. 5th: Without AJL or Board Decision, Court Can't Hear Appeal

A federal appeals court dismissed an appeal of a benefit determination governed by the Longshore and Harbor Workers’ Compensation Act (LHWCA) because the claimant did not follow procedure to call for an evidentiary hearing by an administrative law judge, leaving the Benefits Review Board nothing upon which to base a decision that the court would be able to review.Case: Craven v. Director, Office Workers Compensation Programs, U.S. Department of Labor, Northrop Grumman Ship Systems Inc., No. 09-60361, published, 4/27/2010.Facts: Kenneth E. Craven injured his back on July 23, 2004, while w...