In Steven Ritzheimer v. Triple Canopy, Inc.,[1] the five-member U.S. Department of Labor Benefits Review Board (BRB) recently issued a unanimous decision affirming an administrative law judge’s (ALJ) award of benefits for injuries sustained in a slip-and-fall upon exiting a bathtub shower after work. Among daily life activities, bathroom injuries are a common occurrence. Approximately…

The U.S. Department of Labor Benefits Review Board (Board) in the matter of Pisaturo v. Logistec Connecticut[1] declared an administrative law judge (ALJ) impermissibly substituted his own judgment for expert medical opinion when the ALJ quintupled a claimant’s permanent partial disability (PPD) award. On October 31, 2005, Joseph Pisaturo (claimant), a longshore worker, fell and…

The U.S. Department of Labor Benefits Review Board (Board) in Nathaniel E. Raiford v. Huntington Ingalls Industries, Inc.[1] declared an employer’s decision to change a shift that gave rise to claimant’s stroke and altered mental state was a legitimate personnel action, and denied disability and medical benefits under the Longshore and Harbor Workers’ Compensation Act…

Often viewed as “paternalistic” in nature, the Longshore and Harbor Workers Act requires oversight by the agency and courts to protect claimants who are “willing to waive lifetime claims for an immediate payment.”[1] A recent case and subsequent guidance regarding settlement review now require that “considerable weight be given to the views of the claimant…