Domingo Alexander v. Director, Office of Workers Compensation Programs Triple a MacHine Shop, Inc.

AMENDED OPINION

OPINION

Domingo Alexander petitions for review of a decision of the Benefits Review Board (the BRB) of the Department of Labor. The question presented is whether settlements he made with others of his employers should be credited against the amount owed by the last responsible employer, Triple A Machine Shop (Triple A). Holding that denial of the credit is compelled by the purposes of the credit doctrine and 33 U.S.C. § 903 (e) of the Longshore and Harbor Workers’ Compensation Act (the LHWCA), we reverse the BRB and deny Triple A the credit.

FACTS

From the 1940s through 1982, Alexander worked as a sheet metal worker, boilermaker, and shipfitter on ships and in shops. He was exposed to asbestos from pine lagging on the ships arid to metal fumes from cutters and welders in both ships and shops. In the 1950s, he suffered from emphysema. In 1974, he was diagnosed with bronchiestasis. In 1978, he was diagnosed as suffering from asbestosis. Among his employers were Southwest Marine, General Engineering, Service Engineering, and Triple A.

PROCEEDINGS

Having settled with the first three employers, Alexander brought a claim for disability from asbestos against Triple…