The United States Court of Appeals for the Second Circuit recently addressed the Defense Base Act’s Judicial Proceedings provision, 42 U.S.C. § 1653(b), to determine whether the initial review of decisions of the Benefits Review Board (“BRB”) must occur in courts of appeals or in district courts. The DBA incorporates by reference Sections 18 (enforcement) and 21 (review of compensation orders) of the Longshore and Harbor Workers’ Compensation Act, but those statutes were revised more recently than the DBA’s Judicial Proceedings provision. Drawing upon this conflict, the Second Circuit determined that the DBA was ambiguous as it pertained to the initial review of Orders. Accordingly, the court could engage in an interpretation of the meaning of 42 U.S.C. § 1653. Ultimately, the Second Circuit determined that “the location of the ‘office of the Deputy Commissioner [now designated the District Director] whose compensation order is involved,’ as set forth in the DBA, establishes theRead more
“Compensation” Under the Longshore Act
The Benefits Review Board recently published a new decision addressing “compensation” under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”): Wheeler v. Newport News Shipbuilding & Dry Dock Co. In Wheeler, the BRB determined that, for purposes of modification under Section 22 of the LHWCA, the term “compensation” did not include the payment of medical benefits. The term “compensation” has been defined differently by different courts. The Supreme Court of the United States previously stated that “compensation” did not include the payment of medical care for purposes of Section 13(a) of the LHWCA. Marshall v. Pletz, 317 U.S. 383 (1943). In the Court’s opinion, Sections 2(12), 6, 8, 10, and 14 of the LHWCA used the term “compensation” to refer to periodic money payments, but not an employer’s expense of medical care. Later courts and administrative bodies have interpreted “compensation” broadly. See, e.g., Lazarus v. Chevron USA, Inc., 958 F.2dRead more
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