921 F.3d 845

WATFORD, Circuit Judge, concurring:
I agree that the district court lacks jurisdiction to hear the Longshore Act claim. But while the court casts the jurisdictional issue as one of finality, in my view there is a more basic deficiency. The Longshore Act limits the jurisdiction of the district court to enforcing "compensation orders." 33 U.S.C. § 921(d). What Terry Grimm seeks to enforce here is the portion of an administrative order directing Vortex Marine Construction to pay or reimburse Grimm in the future "for all medical expenses arising from [his] work-related injuries." That is not a compensation order within the meaning of the Longshore Act. The Act defines "compensation" as "the money allowance payable to an employee or to his dependents as provided for in this chapter." § 902(12). That definition does not include an employer's obligation to furnish future medical care. Marshall v. Pletz , 317 U.S. 383, 390-91, 63 S.Ct. 284, 87 L.Ed. 348 (1943). To obtain an enforceable compensation order, Grimm must first receive the medical care he requires and then seek an additional order directing Vortex to pay for the medical bills he has incurred. Id. at 391, 63 S.Ct. 284 ; see 33 U.S.C. § 907(d)(1). The Longshore Act does not permit a district court to issue an injunction under § 921(d) prospectively ordering an employer to pay for future medical benefits, no matter how specific the administrative order may be.

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