Wilmot
Wilmot v. Crescent City Marine Ways
Opinion
lead Opinion
*515 MEMORANDUM **
Robert Wilmot appeals from a final order of the Benefits Review Board (“Board”) affirming the decision of an administrative law judge (“ALJ”) granting employer Crescent City Marine Ways’ request for a credit against Wilmot’s permanent partial disability award for an amount paid in an earlier settlement of a similar injury. Wilmot argues that the Board erred in determining that substantial evidence supported the ALJ’s conclusion that the settlement payment was compensation entirely for permanent partial disability. We affirm.
The facts and procedural history of this case are familiar to the parties and we do not repeat them here. We review the Board’s decision “for errors of law and adherence to the substantial evidence standard.” Taylor v. Dir., OWCP, 201 F.3d 1234, 1238 (9th Cir.2000).
An analysis of the settlement agreement reveals substantial evidence in the record on which the ALJ (and the Board) could have decided that the entire $37,500 payment was compensation for Wilmot’s permanent partial disability. The agreement noted that Wilmot had reached maximum medical improvement and that he had returned to work — the very definition of a permanent partial…