The Office of Administrative Law Judges in the US Department of Labor publish their decisions on a daily basis. The text of decisions under the Longshore and Harbor Workers'Compensation Act and its extensions are delayed to allow the District Director to serve the parties in good order and condition.
The most recently released cases were posted on July 29, 2011. That day the Office published 19 cases, of which 2 were Defense Base Act cases, 9 were Longshore and 1 was a Nonappropriated Funds case. In fact there were only 7 claimants, since one had 3 cases and another had 2.
5 of the cases were settled; 1 was remanded since it was "not ripe for adjudication".
The three substantial decisions.
In a DBA case, Smith v. Service Employers. The worker claimed hearing loss, wrist injury, back injury and psychological difficulties arising from his work in Iraq. The Judge held the worker had invoked the presumption in each case, and that the employer had not rebutted it. However, the worker had not proved a continuing work related disability for the wrist or the back. The Judge found that the psychological difficulties precluded a return to Iraq, and awarded temporary partial benefits, coupled with a scheduled award for hearing loss.
In Johnson v. SSA, the employer claimed a credit for EDD payments. The Judge declined to follow Manen v. Exxon Corat, 36 BRBS 331 (ALJ 2002), "where an administrative law judge found that “EDD benefits are not workers' compensation benefits that can be credited to Employer under Section 3(e) of the Act,” but instead are disability benefits under California law. Manen, 36 BRBS at 336. Here, however, other than an argument in a closing brief, the record is insufficient to make such a finding regarding EDD benefits under California law. Therefore, I specifically decline to follow Manen and find that Employer is entitled to credit for any state workers‟ compensation benefits Claimant received." It appears that the claimant will have to prove in each case that there is no credit due. Since the credit would seem to be an exception to liability, it might be argued that the burden should be on the employer claiming the credit.
In Allen v. Pengo, a case dating back to 1985, the worker claimed medical benefits for a downturn in his condition. He had settled his compensation claim, and settled a third party case. The Judge awarded medical benefits, subject to a credit for the amount already received under the third party settlement.
