Kaneshiro
Kaneshiro v. Holmes & Narver, Inc.
Opinion
Lead Opinion
*80 MEMORANDUM **
Calvin Kaneshiro unsuccessfully sought worker compensation benefits in 1989, claiming that his chronic granulocyetic leukemia (CGL) was caused by exposure to radiation during his employment in 1954-56. After his death in 1997, his wife petitioned for modification based on alleged factual errors. The Benefits Review Board (BRB) affirmed the denial of benefits because the factual errors were harmless and because substantial evidence established that Kaneshiro’s illness was not related to his employment. We have jurisdiction pursuant to 33 U.S.C. § 921 (c), and we deny the petition for review.
DISCUSSION
The Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-50 (as extended by the Defense Base Act, 42 U.S.C. §§ 1651-54 ), provides the statutory mechanism by which covered employees are entitled to compensation for work-related injury. See Todd Shipyards Corp. v. Director, OWCP, 139 F.3d 1309, 1311-12 (9th Cir.1998). The LHWCA specifically creates a presumption in favor of benefits for an injured employee by “providing that a claimant’s injury is presumed to be covered by the Act.... ” See Ramey v. Stevedoring Servs. of Am., 134 F.3d 954 , 959…