One of our favorite cases from 2011 was Young v. Newport News Shipbuilding & Dry Dock Co., BRB No. 10-0678 (BRB 6/22/11), wherein the Benefits Review Board (“BRB”) determined that illegal earnings still constitute “earnings” that must be reported to an employer. Our post discussing the original Young decision is here. On Halloween 2013, the BRB issued a new decision against Mr. Young, who continued his attempts to circumvent the reporting requirements of Section 8(j). Section 8(j) of the Longshore and Harbor Worker’s Compensation Act allows an employer to ask their injured worker to disclose any earnings over a specific period of time during which the worker received disability benefits. If the employee “knowingly and willfully omits or understates any part of such earnings . . . [the employee] forfeits his right to compensation with respect to any period during which the employee was required to file such report.” See 33Read more