Wednesday, July 18, 2012

ALJ CALIANOS AWARDS CLAIMANT PERMANENT AND TOTAL DISABILITY

ROBERT M. BLODGETT v. ELECTRIC BOAT CORPORATION
Read Full Decision Here

Excerpts

The parties have stipulated to the following facts: (1) The Act applies to this claim; (2)
Blodgett suffers from a lung injury; (3) The injury occurred at the Electric Boat Shipyard in
Groton, Connecticut; (4) The injury arose out of and in the course of Blodgett’s employment
with EBC; (5) There was an Employer/Employee relationship at the time of the injury; (6) The
Employer was timely notified of the injury; (7) The claim was timely filed; (8) The Notice of
Controversion was timely filed; (9) The Informal Conference was conducted on June 10, 2011;
and (10) Blodgett has not returned to his usual employment.  ALJX-7.
The remaining issues for my determination are Blodgett’s status as a voluntary retiree,
the extent of his disability, and his average weekly wage.  Upon consideration of the record as a
whole, I find that Blodgett is entitled to permanent and total disability compensation benefits and
medical benefits under the Act.





Conclusion

The Act provides that “[i]n case of total disability adjudged to be permanent 66 and 2/3’s
per centum of the average weekly wages shall be paid to the employee during the continuance of
such total disability.”  33 U.S.C.  § 908(a).  Pursuant to section 8(a), Blodgett is entitled to two thirds his AWW of  $924.35, or $616.23 per week, from June 21, 2010 until the present and
continuing

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