Stevedoring Services of America v. Director, Office of Workers' Compensation Programs

Stevedoring Services of America (“SSA”) and Eagle Pacific Insurance Co. petition for review of a decision of the United States Department of Labor Benefits Review Board (“BRB” or the “Board”). The decision awarded permanent partial disability benefits under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA” or the “Act”) to James Benjamin (“Benjamin”) for a 34 percent hearing loss sustained during his employment.. The Director, Office of Workers’ Compensation Programs (“Director”) cross-appeals the decision. An Administrative Law Judge (“ALJ”) found that two employers, SSA and Container Stevedoring Company (“Container”) had exposed Benjamin to injurious noise levels. The ALJ then merged the claims against the two employers and found that SSA was hable under the “last employer doctrine” as explicated by the Ninth Circuit. The BRB affirmed the ALJ’s decision on January 5, 2001. We have jurisdiction pursuant to 33 U.S.C. § 921 (c), and we reverse and remand.

BACKGROUND

Benjamin worked as a longshoreman from 1969 to 1992. Like other workers in the stevedoring industry, Benjamin did not have a single long-term employer but was assigned through a…