Todd Shipyards Corp. v. Director, Office Workers' Compensation Programs, United States Department of Labor

Todd Shipyards Corporation appeals from a Benefits Review Board judgment affirming an administrative law judge’s decision which denied Todd’s petition for relief from liability under section 8(f) of the Longshoremen’s and Harbor Worker’s Compensation Act, 33 U.S.C. § 908 (f) (1982). We affirm.

Mauro O. Cortez worked for Todd from 1953 until July 7, 1978. While on the job, Cortez injured his back on two different occasions: April 25, 1977 and January 29, 1978. Until he injured his back the second time, Cortez worked as a stagerigger, a moderately heavy job.

Cortez’s first injury was in the soft tissue of his lower back. A board certified orthopedist, Dr. Gerald I. Fein, treated him and then cleared him to resume his normal work duties two months later. Dr. Fein found that the strain was resolved and that there was no permanent impairment due to the injury. Cortez returned to his former job until his second injury on January 29, 1978.

On January 23, six days before his second injury, Cortez was examined by Dr. Leonard J. Yamshon, M.D., a specialist in physical medicine and rehabilitation, in the capacity of agreed medical examiner. Dr. Yamshon recorded no objective evidence of…