Vaughan E. Tyndzik, Claimant-Petitioner v. Director, Office of Workers Compensation Programs, University of Guam, Employer-Respondent

In this case we must decide whether on September 1, 1988, the University of Guam (“the University”) was a “subdivision” of the government of Guam, for purposes of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), §§ 1, et seq.; 33 U.S.C. §§ 901 , et seq. We hold that the University was not a subdivision of Guam within the meaning of 33 U.S.C. § 903 (b) at that time.

I

BACKGROUND

Vaughan E. Tyndzik was employed by the University from 1977 to 1988. His job duties included underwater diving. Tyndzik estimates that he performed approximately 1500 dives.

In September of 1988, Tyndzik was diagnosed with dysbaric osteonecrosis (also known as bone rot) and neurological damage. Dysbaric osteonecrosis is a permanent and painful condition caused by expanding blood gasses trapped in the bone under pressure. Tyndzik’s conditions are believed to be due to his repeated exposure to hyperbaric environments incurred during his diving work for the University. As a result of these injuries, Tyndzik is now permanently disabled.

Because of his disability, Tyndzik filed a claim under the LHWCA with the Department of Labor. The University contested the claim, maintaining that the LHWCA…