Total Terminals International, LLC v. Director, Office of Worker's Compensation Programs, Et

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOTAL TERMINALS No. 23-179

INTERNATIONAL, LLC; SIGNAL

MUTUAL INDEMNITY BRB No. 21-0319

ASSOCIATION, LTD,

OPINION

Petitioners, v.

DIRECTOR, OFFICE OF

WORKER’S COMPENSATION

PROGRAMS; ROBERT TOWER,

Respondents.

On Petition for Review of an Order of the Benefits Review Board Argued and Submitted May 15, 2024 San Francisco, California Filed October 11, 2024

Before: Kenneth K. Lee and Daniel A. Bress, Circuit Judges, and Gloria M. Navarro, District Judge. *

Opinion by Judge Bress

* The Honorable Gloria M. Navarro, United States District Judge for the District of Nevada, sitting by designation. TOTAL TERMINALS INT’L V. DIR., OFFICE OF WORKER’S COMP.

SUMMARY **

Longshore and Harbor Workers’ Compensation Act

The panel granted Total Terminals International, LLC’s petition for review of a Benefits Review Board decision that longshoreman Robert Tower, who had hearing loss in one ear and bilateral tinnitus (ear ringing), was entitled to compensation under the Longshore and Harbor Workers’ Compensation Act for work-related hearing loss…