Ceres Marine Terminals v. Green, No. 10-1122 (4th Cir. 2011)
Annotate this CasePetitioner appealed the decision of the U.S. Department of Labor's Benefits Review Board (BRB) affirming an ALJ's award of disability benefits, two hearing aids, and attorney's fees to respondent pursuant to the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901-950. Plaintiff contended that the ALJ contravened Supreme Court precedent by failing to adhere to the burden of proof as established in Director, OWCP v. Greenwich Collieries. The court agreed with plaintiff and reversed the BRB's decision, holding that the BRB committed a clear error of law when it affirmed the ALJ's decision and order, relying on its own precedent rather than the controlling law set forth in Greenwich Collieries.
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