RECENT SIGNIFICANT DECISIONS
LONGSHORE & HARBOR WORKERS' COMPENSATION ACT
OFFICE OF ADMINISTRATIVE LAW JUDGES
UNITED STATES DEPARTMENT OF LABOR
MONTHLY DIGEST # 119
November - December 1994
A. Circuit courts of appeals
In Director, OWCP v. Jaffe New York Decorating , ___ F.3d ___, No. 93-1085 (D.C. Cir. 1994), the court held that, Employer is entitled to Special Fund relief pursuant to § 8(f), based on claimant's alcoholism as a pre-existing injury affecting his ability to obtain and hold a job after a work- related injury, if the Employer demonstrates that "but for" Claimant's alcoholism, he would be employable.
[ 126.96.36.199, section 8(f) relief - alcoholism ]
In Rambo v. Director, OWCP , ___ F.3d ___, Case No. 92-70783 ( 9th Cir. June 24, 1994), the court held that a "change in condition" may be based on a change in the Claimant's physical condition, not on economic changes such as wages, training, skills, or educational background.
[ 22.3.4, modification - change in economic condition ]
B. Benefits Review Board
In Harris v. Todd Pacific Shipyards , ___ B.R.B.S. ___, BRB No. 93-2227 LHC (Oct. 25, 1994), where Claimants entered into a third-party settlement with an asbestos manufacturer without the employer's written approval, Claimants with occupationally-related asbestosis would be "persons entitled to compensation" and, thus subject to the forfeiture provisions of Section 33(g)(1) only if, at the time of settlement, they had a permanent physical impairment, and were aware of the relationship between their employment and the permanent physical impairment.
third party settlement - employer involvement