Morehead Marine Services, Inc. v. Washnock

135 F.3d 366, 1998 WL 29875
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 29, 1998
DocketNo. 96-4188
StatusPublished
Cited by9 cases

This text of 135 F.3d 366 (Morehead Marine Services, Inc. v. Washnock) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morehead Marine Services, Inc. v. Washnock, 135 F.3d 366, 1998 WL 29875 (6th Cir. 1998).

Opinion

MOORE, Circuit Judge.

OPINION

Petitioners, Morehead Marine Services, Inc. and CNA Insurance Companies, seek review of the Benefits Review Board’s affir-mance of a decision and order by an administrative law (“ALJ”) on four grounds. First, petitioners contend that the ALJ erred when he ordered petitioners to pay permanent total disability payments pursuant to the Long-shore and Harbor Workers’ Compensation Act (“LHWCA”) to the claimant, Vernon Washnoek, because a February 10, 1989 work accident did not result in a total disability of the claimant. Second, petitioners contend that the ALJ erred in finding that the petitioners were not eligible for relief under the so-called “second-injury” provision of the LHWCA, 33 U.S.C. § 908(f). Third, petitioners object to the ALJ’s finding that Washnoek reached maximum medical improvement on March 6, 1992. Finally, petitioners argue that the ALJ erred in awarding Washnoek medical expenses pursuant to 33 U.S.C. § 907. After reviewing the record de novo, we hold that substantial medical evidence existed to support the ALJ’s finding that Washnoek was entitled to compensation and benefits because of his work-related permanent total disability, although we remand for a more complete explanation of the ALJ’s determination of the date of maximum medical improvement. It is also not clear whether the ALJ applied the correct legal standard in determining the issue of the existence of a preexisting permanent partial disability as [370]*370required for § 8(f) relief, so we reverse and remand with instructions to apply the cautious employer standard in resolving this issue.

I. BACKGROUND

Respondent Vernon Washnock worked for Morehead Marine as a harbor pilot from the summer of 1982 until 1985, when he began working as a dock foreman. Washnock is five feet-ten inches tall and for most of his adult life has weighed over 300 pounds, perhaps weighing as much as 360 pounds on the date of the disputed work-related accident. While working as a dock foreman, he apparently sustained a work-related injury on February 10, 1989. On that day, Washnock was lifted by forklift into the back of a delivery truck to assist in unloading wiping rags used by Morehead Marine. While Washnock and the driver of the delivery truck were using a dolly to load one of the 600 pound pallets onto a forklift, the pallet slipped off of the dolly and onto Washnock’s left foot. Wash-nock was able to extricate his foot, but in the process he twisted his back muscles.

Washnock sought treatment for pain in his legs and back after the accident, and the parties have stipulated that Washnock gave timely notice of the injury to Morehead Marine. See J.A at 12 (Decision and Order). Washnock made attempts to continue working after the date of the accident, but eventually, despite medical treatment from his personal physician and medical specialists, Washnock alleges that he was no longer able to continue working after the beginning of March of 1989. Washnock had been treated in the past for a variety of medical conditions including obesity, phlebitis, venous insufficiency, diabetes mellitus type II, a fractured hip and hip surgery from an automobile accident, and prior back injuries and surgery.

On January 23, 1990, Washnock filed a claim for workers’ compensation benefits under the LHWCA as amended, 33 U.S.C. § 901, et. seq. The ALJ’s Decision and Order awarded benefits to Washnock and denied Morehead Marine’s application for a limitation of its compensation liability pursuant to § 8(f) of the LHWCA, 33 U.S.C. § 908(f). See J.A. at 7-31 (Decision and Order). The Decision and Order awarded Washnock benefits for temporary total disability from February 10, 1989, through March 6, 1992, and for permanent total disability from March 6, 1992, and continuing based on the stipulated average weekly wage of $600. The ALJ’s order was affirmed by the Benefits Review Board, and this appeal followed.

II. ANALYSIS

The petitioners have raised several issues on appeal. They allege that the ALJ erred: (1) in determining that the accident of February 10, 1989 resulted in a permanent total disability supported by substantial evidence; (2) in denying petitioners’ claim for § 908(f) relief; (3) in finding that the claimant reached maximum medical improvement on March 6, 1992; and (4) in finding that the claimant is entitled to medical expenses pursuant to 33 U.S.C. § 907. We will address each of these claims in turn.

A. THE STANDARD OF REVIEW

“This court has jurisdiction over petitions for review of final decisions of the Board pursuant to 33 U.S.C. § 921(c).” Paducah Marine Ways v. Thompson, 82 F.3d 130, 133 (6th Cir.1996). We review ALJ and Board decisions on a limited basis. In reviewing the decision of an ALJ, the standard of review is whether the decision is supported by substantial evidence and is consistent with applicable law. See O’Keeffe v. Smith, Hinchman & Grylls Assocs., 380 U.S. 359, 362, 85 S.Ct. 1012, 1014, 13 L.Ed.2d 895 (1965); Consolidation Coal Co. v. Worrell, 27 F.3d 227, 230-31 (6th Cir.1994). “This court has plenary authority to review the Board’s legal conclusions, and reviews such conclusions de novo.” Paducah Marine Ways, 82 F.3d at 133.

This court reviews the record independently to determine whether substantial evidence supports the ALJ’s findings. See id.; Brown v. ITT/Continental Baking Co., 921 F.2d 289, 293 (D.C.Cir.1990). As this court stated in Consolidation Coal Co. v. Worrell, considering this same standard under the Black Lung Act, ‘When the question [371]*371is whether the ALJ reached the correct result after weighing conflicting medical evidence, our scope of review ... is exceedingly narrow. Absent an error of law, findings of facts and conclusions flowing therefrom must be affirmed if supported by substantial evidence.” 27 F.3d at 230-31 (quotation omitted). “Substantial evidence is more than a scintilla of evidence but less than a preponderance and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Brainard v. Secretary of Health and Human Servs., 889 F.2d 679, 681 (6th Cir.1989); see also Paducah Marine Ways, 82 F.3d at 133. “The record must be reviewed ‘as a whole, including whatever in the record fairly detracts from its weight.’ ” Id. (quoting Mullen v. Bowen, 800 F.2d 535, 545-46 (6th Cir.1986) (en banc) (quotations omitted)).

B. THE WORK-RELATED INJURY

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
135 F.3d 366, 1998 WL 29875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morehead-marine-services-inc-v-washnock-ca6-1998.