BRB No. 90-2049

TIMOTHY BUCKLEY                    )
                    )
               Claimant-Respondent )
                    )
     v.                            )
                    )
INGALLS SHIPBUILDING, INCORPORATED )  DATE ISSUED:11/26/1991     
                    )
               Self-Insured        )
               Employer-Petitioner )   DECISION AND ORDER

     Appeal of the Decision and Order of A. A. Simpson, Jr., Administrative
     Law Judge, United States Department of Labor.

     Paul M. Franke, Jr. (Franke, Rainey & Salloum), Gulfport, Mississippi,
     for employer.

     Before:                        Administrative Appeals Judges, and      
             Administrative Law Judge.*

     PER CURIAM:

     Employer appeals the Decision and Order (89-LHC-387) of Administrative Law
Judge A. A. Simpson awarding benefits on a claim filed pursuant to the provisions
of the Longshore and Harbor Workers' Compensation Act, as amended, 33 U.S.C.
§901 et seq. (the Act).  We must affirm the
findings of fact and conclusions of law of the administrative law judge which are
rational, supported by substantial evidence, and in accordance with law.  33 U.S.C.
§921(b)(3); O'Keeffe v. Smith, Hinchman & Grylls Associates,
Inc., 380 U.S. 359 (1965).  
*  Sitting as a temporary Board member by designation pursuant to the Longshore and
Harbor Worker's Compensation Act as amended in 1984, 33 U.S.C.
§921(b)(5)(Supp. V 1987).




     On April 15, 1987, claimant filed a claim under the Act for 
a noise-induced work-related hearing loss.  Based on the results of an audiometric
examination performed by Drs. Lingo and McDill on November 15, 1987, the
administrative law judge found that although claimant had suffered a binaural
hearing loss due to prolonged job-related noise exposure, claimant had sustained
a zero percent binaural hearing impairment.  Accordingly, the administrative law
judge denied compensation for claimant's injury, and also denied penalties pursuant
to Section 14(e) of the Act, 33 U.S.C. §914(e).  The administrative law judge
further found, however, that claimant was entitled to medical benefits pursuant to
Section 7 of the Act, 33 U.S.C. §907, and thus employer was additionally
liable for claimant's attorney's fee pursuant to Section 28(a) of the Act, 33
U.S.C. §928(a).
     On appeal, employer contends that the administrative law judge erred in
awarding future medical benefits pursuant to Section 7, as such an award is both
premature and speculative.  Employer maintains that any future medical benefits
could not be causally related to claimant's employment, inasmuch as noise-induced
hearing loss is not progressive, and Drs. Lingo and McDill did not indicate any
current need for medical treatment.  Employer further contends that it should not
be held liable for an attorney's fee pursuant to Section 28(a), as the award of
future medical benefits cannot be upheld, and claimant did not achieve a successful
prosecution on any other issue.

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