Jones Stevedoring Co. v. Director, Office of Workers Compensation Programs

Good Law
133 F.3d 683·97 Daily Journal DAR 35·1997 WL 795591·1997 U.S. App. LEXIS 36410·97 Cal. Daily Op. Serv. 14
United States Court of Appeals for the Ninth CircuitDecember 31, 1997No. 96-70984California5,397 words

Opinion

Lead Opinion

Tashima, J.

We review a petition to set aside an award of compensation under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (“LHWCA”). Petitioner Jones Stevedoring Co., formerly known as Jones Washington Stevedoring Co. (“Jones”), disputes the Administrative Law Judge’s (“ALJ”) ruling for claimant and respondent Kenneth I. Taylor (“Taylor”) for hearing loss sustained in his work for Jones on October 18,1989.

Jones argues that Taylor’s claim is time-barred by 33 U.S.C. §§ 912 and 913 for lack of timely notice and for failure to file a timely claim. Jones also contends that the ALJ’s *686 finding that Taylor’s employment at Jones caused his hearing loss is not supported by substantial evidence.

I. BACKGROUND

Taylor has worked in the longshore industry since 1959 and has been a crane operator since 1966. On the night of October 14,1989, he worked an evening shift for Eagle Marine Services (“EMS”), lasting from six to eight hours. At the end of the shift, on the morning of October 15, Taylor filled out an EMS accident report in which he reported ringing in his ears due to excessive noise from driving a semi the night before.

On the night of October 18, 1989, Taylor…

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