Director, Office of Workers' Compensation Programs, United States Department of Labor v. Sun Ship, Inc. (Gertrude Ehrentraut, Claimant)

OPINION OF THE COURT

McKEE, Circuit Judge

We are asked to determine if the delay of the Board of Revision and Review in reviewing a decision of an administrative law judge deprived the Board of jurisdiction under the facts of this appeal. We hold that it did, and that the Board’s delay caused the ALJ’s decision to become a final order that we now have jurisdiction to review. We further hold that the ALJ erred in deciding that a maritime employer is entitled to relief from the Special Fund established under § 8(f) of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq.…