USCA1 Opinion
[Not for Publication]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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