Todd Pacific Shipyards Corp. v. Director, Office of Workers Compensation Programs, U.S. Department of Labor

Todd Pacific Shipyards Corporation (Todd) appeals from the decision of the Department of Labor Benefits Review Board (Board), assessing liability against Todd for the asbestos-related death of a former employee, Picinich. Todd contends that the Board erred in reversing the Department of Labor Administrative Law Judge’s (AD) ruling that former employer Lockheed Shipbuilding Company (Lockheed), rather than Todd, was liable to Pici-nich. Todd argues that the Board misapplied the “last responsible employer” rule which our circuit has used to determine which of an employee’s employers is liable under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 , et seq. (Act). The Board had jurisdiction over this case pursuant to 33 U.S.C. § 921 (b)(3). We have jurisdiction over this timely appeal pursuant to 33 U.S.C. § 921 (c). We reverse.

I

Lockheed employed Picinich as a pipefit-ter for various periods between 1957 and 1972 and from 1974 to January 1981. It is undisputed that during that time Picinich suffered significant exposure to asbestos. Todd employed Picinich for various periods between 1956 and 1973 and from February *1319 1981 to November 1981. During his final…