[Not for Publication]
United States Court of Appeals
For the First Circuit
No. 96-2054
FRANCES L. CRAWFORD,
Petitioner,
v.
UNITED STATES DEPARTMENT OF LABOR
AND BATH IRON WORKS CORPORATION,
Respondent.
PETITION FOR REVIEW OF AN ORDER
OF THE BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR
Before
Stahl, Circuit Judge,
Bownes, Senior Circuit Judge,
and Lynch, Circuit Judge.
Gary Gabree with whom Stinson, Lupton, Weiss & Gabree, P.A. was
on brief for petitioner.
Stephen Hessert with whom Norman, Hanson & DeTroy was on brief
for respondent.
January 27, 1997
Per Curiam. Petitioner Frances L. Crawford seeks
Per Curiam
review of a final order of the Benefits Review Board ("the
Board") affirming a decision of an administrative law judge
("ALJ") that denied her claim for disability benefits under
the Longshore and Harbor Workers' Act ("the Act"), 33 U.S.C.
901 et seq. The ALJ's decision was affirmed as a matter
of law when the Board did not act on the appeal within a
year.1 Thus, the Board left undisturbed the ALJ's ruling
that Crawford was not entitled to benefits under the Act
because she fell within the occupational status exclusion set
forth in 33 U.S.C. 902(3)(A) (excluding from term
"employee" "individuals employed exclusively to perform
office clerical, secretarial, security, or data processing
work").
"[T]he ALJ's findings of fact are conclusive if
supported by substantial evidence in the record considered as
a whole." Levins v. Benefits Review Bd., U.S. Dep't of
Labor, 724 F.2d 4, 6 (1st Cir. 1984). We may, however,
review the Board's order for errors of law. See id. Here,
the ALJ supportably found that, as a "computer operator
clerk," Crawford spent most of her time in front of a
computer terminal and the rest filing and carrying magnetic
tapes to and from the computer room. Her subsequent position
1. See Omnibus Appropriations for Fiscal Year 1996, Pub. L.
No. 104-134 (enacted April 26, 1996).
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as a "technical clerk" required her to file, roll and
catalogue blueprints, take blueprints to a reproduction
office and to the mailroom of the Supervisor of
Shipbuilding's office, and to read blueprint measurements
over the telephone to engineers when they did not have the
blueprints with them. Such duties indicate that Crawford
plainly falls within the "clerical employee" exclusion found
in 33 U.S.C. 902(3)(A).
Affirmed.
Affirmed.
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