Willie D. Goldsmith v. Director, Office of Workers Compensation Programs Todd Pacific Shipyards Corporation Aetna Casualty and Surety Company

Willie D. Goldsmith appeals from the Benefits Review Board’s (“Board”) decision affirming the Administrative Law Judge’s (“AU”) denial of compensation benefits under the Longshore and Harbor Workers’ Compensation Act (the “Act”), 33 U.S.C. §§ 901-950 .

The Board had jurisdiction under section 21(b)(3) of the Act, 33 U.S.C. § 921 (b)(3). We have jurisdiction under section 21(c) of the Act, 33 U.S.C. § 921 (c), and we affirm.

I.

Goldsmith alleges that he suffered a back injury on March 15,1977 while operating a jackhammer. Goldsmith immediately notified his direct supervisor of his injury and reported to the company nurse. On the same day, Goldsmith was told that he would be laid-off. The following day, Goldsmith was examined by Dr. Jackson, who diagnosed him as totally disabled due to his back injury. Dr. Seeley examined Goldsmith for a ruptured disk on April 17,1979, performed a discectomy three days later, and testified that he was unsure of the cause of Goldsmith’s back problems.

The AU denied benefits, finding that the record failed to support the existence of a March 15, 1977 injury. The AU found Goldsmith’s testimony not credible based on the differing accounts of the…