Daniel C. Abel v. Director, Office of Workers Compensation Programs, Jones Oregon Stevedoring Company
Opinion
Opinion
Canby, J.
Daniel Abel petitions for review of a decision of the Benefits Review Board denying him benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. The Benefits Review Board upheld the Administrative Law Judge’s determination that Abel’s claim for benefits was untimely. We grant the petition, reverse and remand.
BACKGROUND
Abel, a longshoreman, suffered an employment-related injury on October 14, 1980, when a gangplank rolled over his leg, injuring his left knee. Abel was unable to work for two weeks after the accident. During this time Jones Oregon Stevedoring Co., the employer, paid Abel temporary total disability benefits without award. Abel returned to work, but missed days intermittently over the next few months.
Although Abel’s knee did not require medical treatment for six months, in the fall of 1981 it worsened and he returned to his physician, Dr. Donnelly. By February 16, 1982, the pain in Abel’s knee increased so much that Dr. Donnelly told him to take three weeks off work. Because his condition was not improving, Dr. Donnelly wrote to Jones Oregon requesting it to send Abel to an orthopedic surgeon. Jones Oregon did not respond.