Cornell University v. Velez

SELYA, Circuit Judge.

This proceeding arises under the Long-shore and Harbor Workers’ Compensation Act, as amended, 33 U.S.C. §§ 901-950 (1982 & Supp. II 1984) (“LHWCA” or “the Act”). We have jurisdiction under that section of the Act which authorizes the courts of appeal to review “a final order” of the Benefits Review Board (“Board”). See id. at § 921(c). We explain briefly why, in this instance, we find a remand to be advisable.

I

There are two petitioners, Cornell University and its insurer. (For our purposes, the interests of the two are identical, so we will sometimes refer to Cornell…