Brady-Hamilton Stevedore Company Manhattan Re-Insurance Company v. Director, Office of Workers' Compensation Programs Henry J. Anderson

Brady-Hamilton Stevedore Company and Manhattan Re-Insurance Company (“Brady-Hamilton”) petition for review of a decision and order of the Benefits Review Board (“Board”) affirming an administrative law judge’s (“ALJ”) award of disability benefits to Henry Anderson pursuant to the Long-shore and Harbor Workers’ Compensation Act, (“LHWCA”) as amended, 33 U.S.C. § 901 et seq., for back injuries sustained while working for Brady-Hamilton as a longshoreman.

We have jurisdiction under 33 U.S.C. § 921 (c), and we reverse.

BACKGROUND

Henry Anderson began working as a longshoreman in 1950. In 1977 he suffered a back injury while working for Portland Ste-vedoring. Anderson’s claim against Portland Stevedoring resulted in an award of $145 per week for permanent partial disability based on his then average weekly wage of $435.93 under the terms of the LHWCA.

On September 4, 1982, Anderson fell on the deck of a wheat ship at the port of Longview, Washington, and injured his back and right leg. Anderson was then employed by Brady-Hamilton Stevedore Company against whom he filed a claim for compensation benefits under the LHWCA. A full hearing was held February 26 and 28, 1985, before an ALJ…