Marine Terminals Corp. v. Hall-Buck Marine, Inc.

MEMORANDUM *

This is a dispute among three employers about which of them should compensate an injured employee under the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 . The administrative law judge (ALJ) shifted responsibility for Claimant’s third and fourth surgeries from his original employer, Hall-Buck/self insured, to another employer, Marine Terminals Corporation (MTC), under the “aggravation” or “two-injury” rule. See Kelaita v. Dir., OWCP, 799 F.2d 1308, 1311 (9th Cir.1986) (explaining the two-injury rule).

MTC appealed to the Benefits Review Board (BRB). “In LHWCA proceedings, the [BRB] must accept the ALJ’s findings unless they are contrary to law, irrational, or unsupported by substantial evidence.” Port of Portland v. Dir., OWCP, 932 F.2d 836 , 838 (9th Cir.1991). The BRB affirmed the ALJ’s order. We review decisions of the BRB “for errors of law and adherence to the substantial evidence standard.” Id.

The ALJ concluded that Hall-Buck/self-insured had met its burden of proving that Claimant suffered a second injury while working for MTC. Unfortunately, it is unclear what the ALJ found the second injury to be; the decision can be read to…