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Excerpts
This matter arises under the Longshore and Harbor Worker's Compensation Act (“the Act”), 33 U.S.C. §901, et seq. Claimant alleges that he is permanently partially disabled as a result of a covered workplace injury. He rates his retained earning capacity at $200 per week based on actual earnings. Employer/Carrier believes that Claimant is capable of earning more. There also is a dispute about Claimant’s need for continued medical care
Claimant Roland Meza is forty-nine years old. He did not complete high school but earned a
General Education Development (GED) certificate and did about one semester's credit hours of community college work. Tr. 23; C.Ex. 28 at 86. Before beginning as a longshore worker in 1998, he had fifteen years’ experience as a pipefitter/crane operator/lead as well as experience as a laborer in the petrochemical industry, a helicopter repairman in the U.S. Army Reserve, a machine operator, and a rigger operator. Tr. 24-26. His longshore work for Employer Vopak was as a maintenance worker and then as a terminal operator, which he was doing at the time of injury on August 9, 2004. Id. His responsibilities included tying up vessels, ships, and barges; hooking up hoses and arms off the vessels; climbing ladders; and turning valves. Id. He also did safety-related paperwork. Tr. 53-58. On August 9, 2004, Claimant backed a front-end loader into a steel pole while at work. E.Ex. 4 at 18-20. 21.
Conclusion
Claimant sustained a compensable injury while working for Employer in August 2004. He
might have sustained an aggravation of that injury when he returned to his job. He lost wages
incurred medical expenses, and is likely to incur future medical expenses by reason of the resulting disability. Employer/Carrier is liable for these benefits.
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