B & D CONTRACTING v. Pearley

PRADO, Circuit Judge:

B&D Contracting (“B&D”) and Zurich American Insurance Company petition this court for review of the Benefits Review Board’s (“BRB”) order affirming an administrative law judge’s (“ALJ”) award of disability benefits to Otis Pearley (“Pear-ley”) pursuant to the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901-950. The issue in this appeal is whether the ALJ and the BRB properly classified B&D’s per diem payments to Pearley as “wages” for the purpose of calculating benefits under the LHWCA. Finding no error, we deny the petition for review.

I. FACTS…