Kashuba
Kashuba v. Legion Insurance
Opinion
Lead Opinion
Tashima, J.
Aleksandr Kashuba filed a claim for compensation and notice of injury pursuant to the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). 33 U.S.C. §§ 901-950 . The Administrative Law Judge (“ALJ”) granted an award of temporary total disability compensation, but found that Ka-shuba was not entitled to a permanent partial disability award or medical benefits. In No. 96-70850, Kashuba petitions for review of the Benefits Review Board’s (“BRB” or “Board”) order affirming the ALJ’s decision. 1 In No. 96-70915, Northwest Marine, Inc. and Legion Insurance Company (collectively “Employer”) seek review of the finding that Employer was not prejudiced by Kashuba’s failure to give timely notice of his injury. We have jurisdiction pursuant to 33 U.S.C. § 921 (c), and we grant Employer’s petition. Because we find that Employer was prejudiced by the lack of timely notice, Kashuba is not entitled to benefits, and his petition is therefore denied.
*1275 I. STANDARD OF REVIEW
The ALJ’s findings must be accepted unless contrary to law, irrational, or unsupported by substantial evidence. See Port of Portland v. Director, OWCP, 932 F.2d 836 , 838 (9th Cir.1991).