ALJ DORSEY AWARDS CLAIMANT PERMANENT TOTAL DISABILITY

PATRICK GRIERSON v. MARINE TERMINALS CORPORATION & MAJESTIC 
INSURANCE CO. & TECHNOLOGY INSURANCE CO
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Excerpts

The lashing bar that struck Patrick Grierson (the Claimant) on the head as he worked for Marine Terminals Corporation (“MTC”) in 2001 caused brain damage. Following intensive treatment, in 2003 he returned to work, where he struggled for three and a half years with mental fatigue, short term memory problems and dizziness. He stopped working in 2006 when he was no longer able to sustain the extraordinary effort work demanded. This decision awards him permanent total disability compensation under the Longshore and Harbor Worker‘s Compensation Act (the Act).
MTC disputes the Claimant’s disability, or, alternatively, argues liability should pass to Willamette Stevedoring (“Willamette”) or Kinder Morgan instead, because the Complainant’s last days of work were with those employers. I reject these arguments. MTC owes the Claimant permanent total disability benefits and ongoing medical care. The ILWU-PMA Welfare Plan (“the Plan”), which intervened, has a valid lien on the Claimant’s disability compensation for reimbursement of disability benefits it provided to the Claimant, and MTC must reimburse the Plan for the medical care it provided the Claimant that MTC ought to have supplied.

Conclusion

The Claimant suffered compensable work-related injuries for which MTC is liable. He was temporarily totally disabled from June 26, 2001 until September 1, 2003, temporarily partially disabled from September 2, 2003 until December 3, 2006, temporarily totally disabled from December 4, 2006 to October 4, 2007, and then permanently totally disabled from October 5, 2007 forward.