Director, Office of Worker's Compensation Programs v. Vessel Repair, Inc.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Chiefly at issue in these challenges to a Benefits Review Board decision involving Vessel Repair’s liability to its injured employee, Pedro Vina, under the Longshore and Harbor Workers’ Compensation Act, and its entitlement from the LHWCA second-injury fund administered by the Office of Worker’s Compensation Programs .(OWCP), is, when Vessel Repair could have “reasonably anticipated” that fund’s liability. Substantial evidence supports the administrative law judge’s finding that such reasonable anticipation arose after the consideration of the claim by…