Brown

Manson Construction Co. v. Brown

Good Law
282 F. App'x 634
United States Court of Appeals for the Ninth CircuitJune 17, 2008No. 06-75824California371 words

Opinion

Lead Opinion

MEMORANDUM **

Manson Construction Company and its insurer, Seabright Insurance Company (“Manson”), petition for review of the final order of the Benefits Review Board of the Department of Labor (“the Board”). Manson contends that the Board erred in affirming the decision of the administrative law judge (“ALJ”): (1) finding that Manson is the employer responsible for permanent partial disability benefit payments to Louis Brown (“Brown”) under the Long-shore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq.; and (2) deny *636 ing Manson’s claim for special fund relief under 33 U.S.C. § 908 (f). We review the Board’s decision for errors of law and adherence to the substantial evidence standard. See E.P. Paup Co. v. Director, OWCP, 999 F.2d 1341 , 1347 (9th Cir.1993). We have jurisdiction pursuant to 33 U.S.C. § 921 (c), and we deny the petition for review.

Substantial evidence supports the ALJ’s finding that Brown sustained an injury on November 1, 2001 while employed by Manson, and that during Brown’s subsequent four-day employment with another employer, Brown sustained a temporary flare-up of this injury, not an injury aggravating, accelerating or combining with the…

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