Berg

In 1990, during the course of his employment with Matson Terminals, Inc., Werner Berg injured his knees in an industrial accident. He underwent arthroscopic surgery on both knees and received a worker’s compensation award of $19,025.86 from Matson. In 1996, still employed by Matson, Berg again sustained work-related injuries to both knees.

An Administrative Law Judge (ALJ) awarded Berg disability benefits under § 908(f) of the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. The ALJ found that the extent of Berg’s preexisting impairment to each knee was 16%, and found Matson liable for two separate 104-week benefit periods arising out of the 1996 injuries to Berg’s knees. The ALJ awarded two benefit periods rather than one on the ground that Berg suffered injuries to two knees rather than one. The Benefits Review Board affirmed the ALJ’s order. Matson appeals.

Our review of the Board’s decision “is limited to determining whether that decision is erroneous as a matter of law.... The Board must accept the ALJ’s findings unless they are contrary to law, irrational, or unsupported by substantial evidence.” Director, OWCP v. Cargill, Inc., 718…