Patrick Cox vs. Bath Iron Works Corp., ALJ Calianos

http://www.oalj.dol.gov/Decisions/ALJ/LHC/2011/COX_PATRICK_M_v_BATH_IRON_WORKS_CORP_2011LHC01979_(MAY_04_2012)_100251_CADEC_SD.PDF

ALJ Calianos awards permanent total disability to welder with smoking history for pulmonary/orthopedic claim and grants Section 8f relief.



Accordingly, it is hereby ORDERED that:
1. Pursuant to 33 U.S.C. § 908(a), Bath Iron Works Corporation shall pay
Patrick Cox permanent and total disability compensation benefits in the
amount of $531.97 per week commencing on January 31, 2009 to the present
and continuing, plus annual adjustments pursuant to section 10(f) of the Act,
33 U.S.C. § 910(f);
2. Bath Iron Works Corporation shall pay Patrick Cox interest on any past due
compensation benefits at the Treasury Bill rate applicable under 28 U.S.C. §
1961, computed from the date each payment was originally due until paid;
3. Pursuant to 33 U.S.C. § 907, Bath Iron Works Corporation shall pay all
reasonable and necessary medical care for treatment of all of Cox’s workrelated
injuries;
4. In its post-trial brief, the Employer argued for section 8(f) relief from the
Special Fund. Should the Director, Office of Workers’ Compensation
Programs object to Special Fund relief under section 8(f), it shall file its
objection no later than 30 days from the date of this Decision and Order. I
will issue a supplemental decision dealing with the Employer’s request for
Special Fund relief;
5. If the Claimant seeks an award of attorney’s fees and costs pursuant to 33
U.S.C. § 928, an application conforming to the requirements of 20 C.F.R. §
702.132(a) (2010) shall be filed within 30 days of the date on which this
Decision and Order is filed in the office of the District Director. Should the
Employer object to any fees or costs requested in the application, the parties
shall discuss and attempt to informally resol