John Rambo v. Director, Office of Workers' Compensation Programs Metropolitan Stevedore Company

Opinion by Judge LEAVY.

In 1983, the appellant John Rambo (“Rambo”) was awarded $80.16 per week in worker’s compensation for a permanent partial disability to his back and leg. Rambo subsequently attended crane school and obtained a position as a crane operator. In 1990, Rambo’s employer, Metropolitan Stevedore Company (“Metropolitan”) moved to have his benefits terminated. Despite the fact that Rambo’s physical condition had not changed, Metropolitan argued that Rambo was no longer eligible for the benefits because he was presently working at a job that paid him $1,505.21 per week — almost 300% of Rambo’s pre-injury average weekly wage.

The Administrative Law Judge (“ALJ”) found in favor of Metropolitan and terminated Rambo’s benefits. The ALJ determined that Rambo’s new job was a “change in conditions” within the meaning of 33 U.S.C. § 922 . The Benefits Review Board affirmed. Both the ALJ’s and the Board’s decisions relied upon Fleetwood v. Newport News Shipbuilding & Dry Dock Co., 776 F.2d 1225 (4th Cir.1985), which held that a mere change in a claimant’s wages could satisfy the “change in conditions” requirement for modification. Neither decision cited any Ninth Circuit…