Massachusetts Injury Lawyers Blog
Workers covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) are entitled to benefits for injuries sustained during employment, including the aggravation of pre-existing conditions. While many employers will attempt to avoid paying benefits by arguing that such harm is not work-related, they often face an uphill battle, as illustrated in a recent Massachusetts case involving a maritime worker with a rare neurological disorder explaining the reach of the LHWCA in covering work-induced aggravations and the evidentiary burden employers must meet to avoid liability. If you sustained injuries while working, it is important to understand your rights, and you should talk to a Massachusetts workers’ compensation attorney promptly.
History of the Case
It is reported that the claimant, employed by a shipbuilding company, suffered from paramyoclonus multiplex, a neurological condition. It is alleged that the condition was aggravated by physical and emotional stressors at the workplace, including alleged harassment by co-workers. The claimant filed for compensation under the LHWCA, seeking total disability benefits on the grounds that his work environment caused his condition to worsen.
It is reported that the employer contested the claim, arguing that the disability was unrelated to the claimant’s work. However, the administrative law judge (ALJ) ruled in favor of the claimant, finding that the workplace stress contributed to his disability. The Benefits Review Board affirmed the ruling, and the employer then sought a new trial.
Demonstrating Harm is Work-Related
The court reviewed the case and affirmed the ALJ’s findings. Under the LHWCA, once a claimant establishes a prima facie case that their condition was caused or aggravated by their work environment, a presumption of compensability arises. The burden then shifts to the employer to rebut this presumption with substantial evidence to the contrary.
The court noted that the claimant had presented evidence from treating physicians and expert witnesses linking the worsening of his symptoms to workplace stress and physical exertion. The employer failed to present persuasive evidence that the aggravation was unrelated to employment, thereby failing to rebut the presumption.
Additionally, the court found that the employer had actual notice of the claimant’s condition and its work-related component. This included a union meeting with company staff and a letter from a physician outlining the relationship between the job duties and the neurological aggravation. The court ruled that the employer’s knowledge triggered its obligation under the LHWCA.
The court also affirmed the ALJ’s calculation of the claimant’s average weekly wage, determining it was consistent with the statutory formula under the Act. The court concluded that the award of total disability benefits was properly supported by the evidence.
Speak to a Skilled Massachusetts Workers’ Compensation Attorney About Your Claims
Maritime workers who experience an aggravation of a pre-existing condition due to their job duties may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act. If you believe your health condition has worsened due to your work environment, you should consult an experienced attorney to explore your eligibility for benefits. Attorney James K. Meehan of the Law Office of James K. Meehan is a trusted Massachusetts workers’ compensation attorney who helps maritime workers throughout the Commonwealth obtain the compensation they deserve. Call 508-822-6600 or complete the firm’s online form to schedule a consultation.