Sproull

Sproull v. Director

Good Law
86 F.3d 895·96 Daily Journal DAR 6954·1996 WL 328023·1997 A.M.C. 911·1996 U.S. App. LEXIS 14609
United States Court of Appeals for the Ninth CircuitJune 17, 1996Nos. 94-70906, 94-70914California2,085 words

Opinion

Lead Opinion

Skopil, J.

Charles Sproull, a longshoreman, and his employer, Stevedoring Services of America (SSA), separately petition for review of a Benefits Review Board (Board) decision granting Sproull permanent partial disability benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (LHWCA). SSA also petitions for review of the Board’s decision denying its claim against the Director of the Office of Workers’ Compensation Program (Director) for special fund relief under 33 U.S.C. § 908 (f), and the Board’s assessment of a twenty percent penalty for late payment of interest due Sproull. We grant Sproull’s petition, and grant in part and deny in part SSA’s petition.

I.

Sproull was injured on January 10, 1985 when he fell and tore the rotator cuff tendon in his left shoulder. He was off work and received temporary total disability benefits until September 16, 1985. When Sproull returned to work he was limited to dock work *898 off the “old man’s board” and could not work as he previously had at night or as a linesman, both of which offer a higher rate of pay. Consequently, Sproull claimed a loss of wage earning capacity and permanent partial disability…

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