Hayes

Hayes v. National Steel & Shipbuilding Co.

Good Law
7 F. App'x 562
United States Court of Appeals for the Ninth CircuitMarch 14, 2001No. 00-70666; BRB No. 99-0870California4,054 words

Opinion

Lead Opinion

MEMORANDUM **

Chase Scott Hayes (“Hayes”) petitions for review of a final order of the United States Department of Labor Benefits Review Board (“the Board”). Hayes contends that the Board erred in affirming the decision of an administrative law judge (“ALJ”) denying him modification of a pri- or award of disability benefits under section 22 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). See 33 U.S.C. § 922 (permitting modification based on “a change in conditions or because of a mistake in a determination of fact”). We have jurisdiction pursuant to 33 U.S.C. § 921 (c) and we deny the petition.

On May 7, 1984, ALJ Heyer determined that Hayes had suffered multiple industrial injuries during his employment with respondent National Steel and Shipbuilding Company (“NASSCO”) and granted him a benefits award under the LHWCA based on the combined effects of various back and left knee injuries. Following this award, the parties entered into a $10,000 settlement for future medical expenses under section 8(i), 33 U.S.C. § 908 (i).

In 1994, Hayes filed his first petition to modify his benefits award, which was denied. The Board administratively affirmed this decision, and…

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