National Steel & Shipbuilding Company v. Director, Office of Workers' Compensation Programs and Arthur F. Henry

The respondent Henry suffered two physical injuries, the first on March 30, 1972 (Claim No. 13-20471) and the second (Claim No. 13-33791) on April 13, 1973. At the times of the injuries, Henry was employed by the petitioner National Steel & Shipbuilding Company (NASSCO) and was covered by the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (the Act). The petitioner’s contention that Henry was not altogether covered by the Act has no merit.

On January 23,1976, a notice of a formal hearing, scheduled for February 11, 1976, was issued concerning the first injury, Claim No. 13-20471. The notice set forth that the hearing would be conducted on February 11, 1976. At the hearing, the administrative law judge (ALJ) consolidated the two claims pursuant to Henry’s request on the ground that the two claims presented related issues. On July 29, 1977, the ALJ issued a Decision and Order adjudicating both claims. The petitioner sought review by the Benefits Review Board (BRB) and on May 31, 1978, the BRB issued a final decision which essentially upheld the disposition made by the AU. The petitioner has now sought review in this court pursuant to 33 U.S.C. § 921…