Verderane v. Jacksonville Shipyards, Inc.

WALTER E. HOFFMAN, District Judge:

One truism of the law is that substantive and procedural rights may be lost if not asserted in a timely fashion. That truism is no less valid in administrative tribunals than elsewhere. This petition for review raises the issue whether a party can rely on section 8(f) of the Longshore and Harbor Workers’ Compensation Act, 33 U.S. C.A. § 908(f) (West Supp.1985) (“the Act”), when the relief afforded by that section was not raised at the first available opportunity. We conclude that a party cannot rely on section 8(f) in these circumstances, and therefore affirm…