Cerefino Coloma v. Director, Office of Workers Compensation Programs

Cerefino Coloma seeks benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-50 (1982 & Supp. Y 1987) for permanent disability sustained in the course of his employment with the Chevron Shipping Company (Chevron). Administrative Law Judge (ALJ) Karst denied benefits on the basis that Coloma’s occupation of messman and cook was not “maritime employment” under Section 2(a) of the 1972 amendments to the Act. The Benefits Review Board (BRB) affirmed the AU’s decision. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

Cerefino Coloma was employed as a messman and cook by the Chevron Shipping Company from 1974 to 1982. Coloma alleged that, as of about 1978, his hands hurt when wet. Coloma filed a claim on June 20, 1984, seeking benefits for permanent disability under the LHWCA. At a formal hearing before ALJ Karst, the parties stipulated that Coloma had developed a benign keratoma with lichnoid dermatitis on both hands, that this illness arose out of and in the course of Coloma’s employment with Chevron, and that it resulted from repeated exposure to the harsh cleansing chemicals used by the company. The parties stipulated further that Coloma’s exposure…