Ceres Gulf, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor Luther Fagan

DeMOSS, Circuit Judge:

In this Longshore and Harbor Workers’ Compensation Act case (“LHWCA”), 33 U.S.C. § 901 et seq., we review an order by the Benefits Review Board (the “Board”) affirming a decision of an Administrative Law Judge (“ALJ”) in favor of an injured longshoreman. Because the timeliness of the longshoreman’s claim is not supported by substantial evidence, we reverse the Board’s order.

BACKGROUND

Luther Pagan was injured while employed as a longshoreman by Ceres Gulf. On June 10, 1988, Fagan was loading cotton onto a vessel when a hook knocked him in the head, cracking his hard hat.…