Ssa Marine v. James Lopez

MEMORANDUM

Respondent James Lopez (“Lopez”) filed four claims for compensation under the Workers’ Compensation Program, U.S. Department of Labor, alleging industrial injuries to the bilateral shoulders, knees, and elbows. The four claims were consolidated and a hearing was held before the Administrative Law Judge (“ALJ”). The ALJ found that: (1) SSA was the “last responsible employer”; (2) Lopez had provided timely notice under § 12(a) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) or, alternatively, if notice was untimely, SSA had suffered no prejudice and the untimeliness was excused under § 12(d) of the LHWCA; and (3) SSA was liable for compensation for temporary total disability from and after April 9, 2003, and all outstanding medical bills related to Lopez’s disability. The ALJ also granted the request of counsel for Lopez for attorney’s fees. SSA appealed both decisions to the Benefits Review Board (“BRB”).

On appeal, the BRB consolidated the two appeals and upheld the determinations that SSA was the last responsible employer, that Lopez’s claim was timely filed, and that the award of attorney’s fees was correct. The BRB vacated the award of medical…