Bunge Corporation, Ina, Mikhail Miller v. Director, Office of Workers Compensation, United States Department of Labor Office of Workman Compensation

This is an appeal under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“the Act”).

Mikhail Miller worked as a longshoreman/millwright for the Bunge Corporation. On April 7, 1981, Miller injured his right arm and elbow while working on a grain elevator. Prior to this injury, Miller injured his right and left shoulders in industrial accidents in 1977. He also suffered a hip injury in 1978.

Following the 1981 injury, Miller complained of muscle twitching, soreness in the neck, and some pain in his right forearm and fingers. The pain continued after numerous examinations and treatment with medication. The administrative law judge (“AU”) found that although Miller had no orthopedic or neurological disorders, he did have significant psychological problems which prevented him from returning to work. He classified Miller as permanently and totally disabled.

This appeal arises from the Benefits Review Board’s (“Board”) reversal of the ALJ’s decision to grant relief to the employer, Bunge Corporation, under section 8(f) of the Act. Section 8(f) limits, in certain instances, the liability of an employer for disability payments. 33 U.S.C. § 908 (f)(1). “By so…