William Hart, Jr. v. Matson Terminals, Inc.

MEMORANDUM

William Hart appeals a decision of the Benefits Review Board (“BRB”) affirming the order of an Administrative Law Judge (“ALJ”) awarding benefits for occupational hearing loss under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 , et seq. (“LHWCA” or “Act”). Because the BRB committed no error of law and adhered to the substantial evidence standard, we affirm.

In claims brought before the BRB under the LHWCA, factual determinations by an ALJ are “conclusive if supported by substantial evidence in the record considered as a whole.” 33 U.S.C. § 921 (b)(3). This court reviews decisions of the BRB under a similar standard; “[the court] review[s] BRB decisions ‘for errors of law and for adherence to the substantial evidence standard.’” Gen. Const. Co. v. Castro, 401 F.3d 963, 965 (9th Cir.2005) (quoting Alcala v. Dir., OWCP, 141 F.3d 942, 944 (9th Cir.1998)). Further, “this court cannot substitute its views for the ALJ’s views.” Id. (quoting Container Stevedoring Co. v. Dir., OWCP, 935 F.2d 1544, 1546 (9th Cir.1991) (internal quotation marks omitted)). Substantial evidence to support a decision means “such relevant evidence as a reasonable mind might…