International Transportation Services v. Kaiser Permanente Hospital, Inc.

MEMORANDUM *

International Transportation Services petitions for review of the Benefits Review Board’s affirmance of the administrative law judge’s decision finding ITS liable to Kaiser Permanante for medical services provided to Ronald Buchanan pursuant to the Longshore and Harbor Workers’ Compensation Act. ITS also challenges the award of attorney’s fees to Kaiser. We have jurisdiction under 33 U.S.C. § 921 and deny the petition to review.

It is undisputed that Buchanan suffered an injury compensable under the Act. Rather, the disputed issue is which employer should be held liable for the costs associated with Buchanan’s disability, which included his surgery at Kaiser: (1) Metropolitan, where Buchanan began experiencing pain in his low back, buttocks and left leg as he moved container locking cones on December 31, 1993; or (2) ITS, where Buchanan worked on January 2, 1994, and began to experience increasingly severe pain.

*549 Under the “last employer” or “aggravation” rule set forth in Foundation Constructors, Inc. v. Director, OWCP, 950 F.2d 621 , 624 (9th Cir.1991), the last employer to expose a covered employee to injury is responsible for all the compensation due as a…