Metropolitan Stevedore Co. v. Crescent Wharf & Warehouse Co.

Metropolitan Stevedore Company (“Metropolitan”) petitions for review of a Benefits Review Board (“BRB”) ruling affirming the decision of the Administrative Law Judge (“ALJ”) on a claim filed under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq. The ALJ found that Metropolitan was the employer liable for compensation benefits to claimant William Price (“Price”) for his disability resulting from cumulative bilateral knee trauma sustained in the course of his longshore employment. The issue on appeal is whether the BRB and ALJ misapplied the Ninth Circuit’s “two-injury variant” of the LHWCA’s “last responsible employer” rule by imposing responsibility on Metropolitan for the benefits awarded Price.

Facts

Price worked as an industrial mechanic and later as a forklift driver from the mid-1960’s until 1996. During that time he worked for several companies for varying periods. Early in his employment he began to experience pain in his knees that increased significantly over time. By 1990, he tried to obtain work only as a forklift driver and occasionally refused work he believed would aggravate his knee condition. In 1992, he sought medical care…