Director, Office of Workers' Compensation Programs, U. S. Department of Labor v. Cargill, Inc., Northwest National Insurance Co., and Harold M. Carey

The Director, Office of Workers’ Compensation Programs, petitions for review of a Benefits Review Board (Board) decision which affirmed the findings of the Administrative Law Judge (AU) that the claimant, Harold M. Carey, was totally disabled and entitled to benefits but reversed the ALJ’s findings that Cargill, Inc. was not entitled to relief under § 8(f) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 908 (f). We reverse the Board’s § 8(f) decision.

FACTS

Claimant was employed by Cargill, Inc. as a bin top man, whose primary responsibility was climbing an 8 to 12 foot ladder approximately 60 times a day to assist in the loading of grain onto ships. The claimant had been employed by Cargill approximately four years prior to experiencing pain in his right shoulder. Claimant continued to work his regular shifts. The first medical report in the record concerning the claimant’s shoulder condition is dated July, 1976. This report shows a diagnosis of tendinitis in the claimant’s right shoulder. Later medical reports beginning in September, 1976, indicate a diagnosis of adhesive capsulitis in both shoulders. The claimant’s condition deteriorated and he was…