Nitschke

Nitschke v. Coastal Tank Cleaning

Good Law
310 F. App'x 183
United States Court of Appeals for the Ninth CircuitJanuary 26, 2009No. 06-73949California313 words

Opinion

Lead Opinion

MEMORANDUM **

Gary Nitschke petitions in pro se for review of a final order of the United States Department of Labor Benefits Review Board (“the Board”) affirming a decision of an administrative law judge (ALJ) finding that Nitschke did not establish that injuries to his back, neck, or ankles were related to his 20-foot fall into a tank on the U.S.S. Nimitz on January 25, 1990. We have jurisdiction under 33 U.S.C. § 921 (c). We review the Board’s decisions for errors of law and adherence to the substantial evidence standard. Sproull v. Dir., Office of Workers’ Comp. Programs, 86 F.3d 895, 898 (9th Cir.1996). We deny the petition for review.

The ALJ’s decision to accord Dr. O’Neill’s medical opinion little weight was not contrary to “the clear preponderance of the evidence” or “inherently incredible or patently unreasonable.” Cordero v. Triple A Mach. Shop, 580 F.2d 1331, 1335 (9th Cir.1978) (citations omitted). Dr. O’Neill’s testimony was contradicted by the testimony of Drs. Brooks and Kay. Dr. O’Neill did not treat Nitschke until a year after his fall, and her opinions, unlike those of Dr. Brooks, were not based on a comprehensive review of Nitsehke’s medical records. The ALJ…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.