Avant

MEMORANDUM **

National Steel and Shipbuilding Company (“NASSCO”) petitions for review of a decision and order of the Labor Benefits Review Board (“Board”) affirming the decision of an Administrative Law Judge (“ALJ”) on a claim of Richard Avant (“Claimant”) filed pursuant to the Long-shore and Harbor Workers’ Compensation Act (“LHWCA”). This Court has jurisdiction under 33 U.S.C. § 921 (c), and we affirm the rulings of the Board and the ALJ.

It is undisputed that Claimant’s right knee was injured in October 1995 while he was employed by NASSCO as a rigger trainee. Claimant was later employed by Southwest Marine, where he claims to have aggravated his knee injury. The issue below and on this appeal is which employer should be held liable for the costs associated with Claimant’s disability.

Under the “last responsible employer” rule, the last employer to cause or enhance an employee’s injury is liable for all compensation due as a result of the employee’s disability. Kelaita v. Dir., OWCP, 799 F.2d 1308, 1311 (9th Cir.1986) (citations omitted). Thus, if an employee is injured, subsequent employers are not liable if a claimant’s employment did not contribute to or enhance the…