Workers’ Compensation · Primary-source case analysis

Newport News: The Benefits Director Lacked Statutory Standing to Appeal for a Claimant

By Aneeta Mishra and Timothy Chan

Published August 14, 2026

Director, OWCP v. Newport News Shipbuilding & Dry Dock Co. arose after a shipyard worker accepted only partial-disability benefits and declined to seek appellate review, while the federal benefits director attempted to challenge the Benefits Review Board’s ruling.

The claimant did not petition for judicial review

Jackie Harcum injured his back while working in a steam-barge bilge, later lost his restricted shipyard position, and received a partial-disability award. He did not challenge the Board’s ruling and expressly declined to intervene in the Director’s appeal.

Section 21(c) uses a private-party standing formulation

The statute allows a person adversely affected or aggrieved by a final Board order to seek court review. The Court treated that phrase as the familiar formulation for parties whose own legal interests are injured, not as automatic authorization for the administering agency to appeal.

Programmatic disagreement was not enough

The Director’s interest in adequate claimant payments and consistent administration did not itself create statutory standing. Congress had not assigned a specific appellate role comparable to provisions that expressly authorize agency litigation.

The claimant’s procedural choice controlled the result

The Court affirmed dismissal of the Director’s petition. The case did not decide whether Harcum deserved additional benefits; it decided who could obtain judicial review when the claimant chose not to appeal.

Key takeaways

• Identify the party whose own award or liability is affected by the Board order.
• Calendar the claimant’s petition-for-review deadline independently of agency action.
• Do not assume the program administrator can preserve an appeal for a private party.
• Separate benefit entitlement from statutory standing to seek judicial review.