Shirley A. Smiley v. Director, Office of Workers Compensation Programs Navy Resale and Services Support Office

ORDER

The opinion filed August 31, 1992, 973 F.2d 1463 , is withdrawn. A new opinion will be filed.

OPINION

This case arises from denial of a claim for benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1988) (“the Longshore Act”). An administrative law judge (AU) denied Shirley A. Smiley’s claim for permanent total disability benefits as compensation for a back injury and psychological injury suffered while employed by the Navy. The United States Department of Labor Benefits Review Board affirmed the AU’s decision. We reverse.

BACKGROUND

In 1983 Shirley A. Smiley (“Smiley”) worked as a security and loss prevention manager for a Navy Exchange at the Le-Moore Naval Air Station in California. She claims that her disabling back problems developed after a fall at work on October 31, 1983. Earlier in 1983, she investigated her supervisor for various fiscal irregularities. Smiley claims that her psychological problems are the result of harassment in retaliation for these whistle-blowing activities.

Smiley transferred to another Naval Exchange at Mare Island in 1984 but had trouble performing her new job. She took a disability leave due to…