Brian McElreath Wins Defense Ruling before the United States Department of Labor Office of Administrative Law Judges Division of Longshore and Harbor Workers’ Compensation
Claimant failed to establish that incident involving the Employer’s shuttle vehicle and driver resulted in the Claimant’s alleged injuries. The Claimant was not entitled to invoke Section 920(a) presumption under the LHWCA.
Mr. McElreath tried this concurrent jurisdiction case before the United States Department of Labor Office of Administrative Law Judges Division of Longshore and Harbor Workers’ Compensation. The Claimant alleged that a co-worker ran over his feet while driving the Employer’s shuttle vehicle causing injuries to his left foot, right foot, back and head. The Claimant alleged that he was not at maximum medical improvement and sought compensation benefits and medical treatment for his feet, back, dizziness and headaches. The Administrative Law Judge ruled for the Employer/Carrier and found that the Claimant failed to establish that the incident involving the Employer’s shuttle vehicle and driver resulted in the Claimant’s alleged injuries. The Administrative Law Judge ruled that the Claimant was not entitled to invoke the Section 920(a) presumption. The Administrative Law Judge held: (1) that the Claimant was not entitled to temporary total disability for any period; (2) the Claimant was not entitled to temporary partial disability for any period; (3) the Claimant was not entitled to reasonable and necessary medical treatment relating to his feet, back, or head; and (4) the Claimant was not entitled to attorney’s fees and/or legal cost from the Employer/Carrier.