General Ship Service Liberty Mutual Insurance Company v. Director, Office of Workers' Compensation Programs Mae Barnes

This is an appeal from a Benefits Review Board (BRB) decision awarding claimant Mae Barnes benefits pursuant to the Long-shore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. The BRB determined that General Ship Service was liable for the benefits as the last responsible employer and that Liberty Mutual was the responsible insurance carrier. General Ship Service and Liberty Mutual appeal these determinations.

Facts and Prior Proceedings

Eugene Barnes died on February 11, 1985 of lung cancer that arose from occupational exposure to asbestos. His widow, Mae Barnes, filed a claim against General Ship Service seeking death benefits under the LHWCA as well as disability benefits that accrued to her husband before he passed away.

An AU found that decedent was occupationally exposed to asbestos while employed by two different maritime employers during the last quarter of 1944, the last year of decedent’s exposure to asbestos while working in a shipyard: General Ship Service and Fedde Marine Cleaning Company. The ALJ based this determination on decedent’s deposition testimony and his social security earnings record. Neither source indicated which employer the…