William E. Henry v. Gentry Plumbing & Heating Co.

GEE, Circuit Judge:

Under the Longshoremen’s and Harbor Workers’ Compensation Act a compensation order becomes effective when filed with the deputy commissioner. It does not become final, however, until thirty days after filing or, should any appeal of it have been initiated within the thirty-day period, that appeal is decided by the Benefits Review Board. 33 U.S.C. § 921(a). Although an order “requires” payment, neither an effective order nor a final order has coercive effect. By statute, a beneficiary may compel the employer to make payments under an order only by initiating a proceeding in…