Raleigh Hairston v. Todd Shipyards Corporation Aetna Casualty and Surety Company, Inc., Director, Office of Workers Compensation Programs

Raleigh Hairston appeals a decision of the Benefits Review Board (“the Board”). The Board reversed a ruling of an administrative law judge (“AU”) that Hairston was entitled to receive permanent total disability benefits. The AU found that Hair-ston’s injury prevented him from returning to his former work and that Todd Shipyards had failed to meet its burden of demonstrating the availability of suitable alternate work. We agree with the AU; therefore, we reverse the Board’s decision and remand for reinstatement of the AU’s finding of permanent disability.

BACKGROUND

Hairston suffered a back injury, sustained while he was employed as a rigger for Todd Shipyards. He brought a claim for benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 , et seq. The AU determined that Hairston’s injury prevented him from continuing longshore work. Although Hair-ston had received post-injury vocational training in apartment-motel management, Todd Shipyards did not attempt to show the availability of this or any other work to meet its burden of demonstrating that suitable alternate work was available to Hair-ston. Instead, the company relied entirely on the fact that…