Transbay Container Terminal v. United States Department of Labor Benefits Review Board

Transbay Container Terminal (Transbay) and its insurers, National Union Fire Insurance Company and F.A. Richard and Associates, Inc., petition for review of an affirmance by the Benefits Review Board (Board), pursuant to Pub.L. 104-134, 110 Stat. 1321-211, 1321-219 (1996), of a decision by an administrative law judge (ALJ). The ALJ awarded benefits under the Longshore and Harbor Workers’ Compensation Act (Act) to Lori Dermont based on the death of her husband, Joseph Dermont (Dermont), who suffered a fatal heart attack while employed by Transbay.

The ALJ found that Dermont had a preexisting condition of severe cardiovascular atherosclerosis, which the parties do not dispute. At issue is the ALJ’s finding that Dermont’s preexisting disability was not “manifest” to Transbay before Dermont’s death.

*910 Lori Dermont also obtained an award of death benefits from the California Workers’ Compensation Appeals Board in June 1993. In July 1993, Lori Dermont and Transbay settled Lori Dermont’s claim for penalties for Transbay’s allegedly late payments. According to the terms of the settlement, Transbay agreed to pay Lori Dermont $8,700. Trans-bay also appeals from the ALJ’s determination…