Jones Stevedoring Company v. August Paglia

MEMORANDUM

August Paglia filed a claim under the Longshore & Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 900 et seq., for occupational hearing loss related to his employment as a stevedore at Jones Stevedoring Company (Jones). The ALJ ruled that Paglia established a prima, facie claim for occupational hearing loss and was thus entitled to a presumption in favor of compensability pursuant to 33 U.S.C. § 920 (a). Jones has not contested that determination. The ALJ further concluded that Jones produced sufficient evidence to overcome the presumption. The Benefits Review Board (the Board), however, reversed on that point, holding that Jones did not rebut the § 20(a) presumption, and remanded for resolution of remaining issues. We affirm.

1. Jones contends that the Board exceeded its authority by reviewing the evidence de novo. The inquiry into whether an employer has produced sufficient evidence to rebut the § 20(a) presumption is, however, a legal judgment subject to plenary review by the Board. See Haw. Stevedores, Inc. v. Ogawa, 608 F.3d 642 , 651 (9th Cir.2010) (citing Bath Iron Works Corp. v. Fields, 599 F.3d 47, 54-55 (1st Cir.2010)). The Board therefore did not…