Director, Office of Workers' Compensation Programs, United States Department of Labor v. Campbell Industries, Inc.

The Director, Office of Workers’ Compensation Programs petitions for review of a Benefits Review Board decision which affirmed the administrative law judge’s findings that the employee-claimant was totally disabled and entitled to benefits but reversed the administrative law judge’s finding that Campbell Industries was not entitled to relief under § 8(f) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 908 (f).

The issues on review are: (1) whether the Board exceeded its scope of review of the administrative law judge’s decision and (2) whether the employer met the requirements for relief under § 8(f).

The claimant was a general laborer for Campbell. From 1971 through 1973, claimant sustained five injuries on the job. The first four accidents did not result in any residual medical problems and did not result in eligibility for benefits under the Act. Three claims were time-barred under § 13(a) of the Act, 33 U.S.C. § 913 (a). The fourth claim was denied because the claimant was not off work for the required period of time. 33 U.S.C. § 906 (a).

The fifth injury occurred on September 16, 1973 when claimant injured his lower back shoveling sand. He received…