There are only four decisions summarized in this quarter’s caselaw summary – two briefly discussed below. All are unpublished because the Board did not issue any published decisions. Many of the Board’s other decisions involved unsuccessful attempts to convince the Board that the record lacked substantial evidence to support the ALJ’s conclusions. 

In Rucobo v. National Steel & Shipbuilding Co., on April 9, 2015 claimant filed a claim for cumulative trauma injuries to the upper extremities and binaural hearing loss. When the claim was filed, the employer was still paying TTD for 2014 injuries, paid no additional compensation, and advised the claimant that there would be a delay in providing benefits for the 2015 injuries until it could ascertain whether those injuries arose out of and were in the course of employment. At a later date, the parties agreed to a §8(i) settlement of the 2015 and other claims. Employer argued claimant’s attorney was not entitled to a fee because although it paid no additional compensation and had not declined to pay benefits because it was already paying TTD in a prior claim, and claimant was not entitled to double compensation. The Board remanded to determine if payment for the 2014 injuries qualified as payment of compensation for the 2015 injuries. 

In Gonzalez v. Fenix Marine Services, Ltd., a decision which should have been designated as published, the Board held FRCP 25(a) governs substitution of parties when a worker dies before an ALJ issues an order. The ALJ has authority to appoint a person to represent the estate in the LHWCA claim, and that person need not be a person designated by a probate court. If the ALJ awards compensation, the money goes to the estate, and a state court decides who should receive the money.