The Sixth Circuit published a new Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision discussing Claimant’s vocational ability–or lack of ability–and Employer’s deficient labor market survey.   This was the second time the Sixth Circuit heard the claim, and the court reused its earlier recitation of the facts.  Claimant worked for Employer as a senior barge mechanic.  After twenty-five years of employment, Claimant alleged a shoulder injury.  Over the course of three years, Claimant treated with a number of health professionals.  One of those physician’s, Dr. Goodwin, determined that Claimant could not perform his usual work as a senior barge mechanic. Thereafter, Employer’s vocational expert prepared a labor market survey identifying nine alternate positions that Claimant could perform.  A few months later, the vocational expert identified ten more jobs.  Claimant did not contact any of these employers because he had a foot gout ailment. Following a 2008 trial, the assigned Administrative Law JudgeRead more