Dewey McDonald v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor Todd Shipyards Corporation Travelers Insurance Company

Appellant Dewey McDonald, who suffers from pulmonary disease, was awarded disability benefits from his employer, appellee Todd Shipyards. Subsequent to this award, the Ninth Circuit altered the formula used to calculate such benefits, and appellant petitioned to have his benefits adjusted accordingly. The Benefits Review Board denied the request finding first that modification was inappropriate based solely on a change in the law and, second, that statutory amendments codifying the change in law did not apply to this case. We reverse, finding that the Board erred in failing to apply the amendments to the instant case.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant Dewey McDonald suffered pulmonary disease while working for appellee Todd Shipyards at various times through January 1956. In July 1978, he became aware that his lung condition was related to exposure to asbestos, and he subsequently filed a claim for benefits. An administrative law judge (“AU”) awarded McDonald temporary total disability benefits from December 1978 to May 1979 and permanent total disability benefits for the next two years. The Special Fund was responsible for the payment of benefits thereafter. 33 U.S.C.…