J.M. Martinac Shipbuilding Insurance Company of North America v. Director, Office of Workers Compensation Programs Darryl G. Grage

This is an appeal by an employer, J.M. Martinac, and an insurer, Insurance Company of North America (“INA”), from a decision of the Benefits Review Board awarding benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901 et seq. The Benefits Review Board upheld the Administrative Law Judge’s determination that Darryl G. Grage was entitled to compensation despite the untimely filing of his benefits claim, because the employer was es-topped from raising a time bar defense.

The issues raised on appeal are: (1) whether Martinac was bound by the health care provider’s inaccurate representation of the LHWCA’s statute of limitations period and was, therefore, estopped from raising a time bar defense against its employee Grage and (2) if not, whether the LHWCA’s statute of limitations period did not begin to run until the claimant knew or should have known that he was permanently disabled. We affirm the Benefits Review Board’s compensation award but not on the ground upon which it relied. We hold that the employer was not bound by the health care provider’s inaccurate legal information and could raise a time bar defense. However, we also hold that…