ALJ McGRATH ORDERS ELECTRIC BOAT CORPORATION TO PAY CLAIMANT TEMPORARY TOTAL DISABILITY COMPENSATION

JOSEPH W. COURCHAINE v. ELECTRIC BOAT CORPORATION
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Excerpts

To recover under the Act, Mr. Courchaine must demonstrate causation, in that his injury arose out of his employment with Electric Boat Section 20(a) of the Act “creates a presumption that a claim for compensation comes within the provisions of the Act” and “inherent in this provision is the presumption that an injury is causally related to a worker’s employment.” Rainey v. Dir., OWCP, 517 F.3d 632, 634 (2d Cir. 2008) (quoting Port Cooper/T. Smith Stevedoring Co., Inc. v. Hunter, 227 F.3d 285, 287 (5th Cir. 2000)). In order to invoke the Section 20(a) presumption “[t]he claimant must make out a prima facie case by showing (1) that he suffered physical harm and (2) workplace conditions could have caused, aggravated, or accelerated the harm.” Bath Iron Works Corp. v. Fields, 599 F.3d 47, 53 (1st Cir. 2010) (citing Am Stevedoring Ltd. v. Marinelli, 248 F.3d 54, 64-65 (2d Cir. 2001)). “[T]he aggravation rule does not require that a later injury fundamentally alter a prior condition. It is enough that it produces or contributes to a worsening of symptoms.” Rainey, 517 F.3d at 636 (citing Marinette Marine Corp. v. Office of Workers' Comp. Programs, 431 F.3d 1032, 1035 (7th Cir. 2005)); Bath Iron Works Corp. v. Preston,  380 F.3d 597, 605 (1st Cir. 2004).

In the case at hand, Mr. Courchaine has provided sufficient evidence to establish his prima facie case to successfully invoke the Section 20(a) presumption. It is agreed by both parties that Mr. Courchaine suffers from the degenerative disease of osteoarthritis. Er. Br. at 3. According to his testimony, which is supported by the“General Dynamics Physical Task Analysis” form, Mr. Courchaine’s job as a grinder required him to frequently perform physical tasks, such as crawling, climbing stairs and ladders, and squatting. CX-4; EX-8-11, at 41; HT at 43-44. Mr. Courchaine also testified that as a result of this level of activity his right hip wouldhurt more at the end of his shift than it had at the beginning. HT at 62. Mr. Courchaine’s testimony of how he felt at the end of his work day is supported by the medical opinions of both Dr. Glenney and Dr. Gaccione, who agreenature of Mr. Courchaine’s work as a grinder would intensify his pain symptoms. EX-2, at 26; EX-6, at 21. As such, I find Mr. Courchaine has met his initial burden to show employment conditions existed at Electric Boat that could have further aggravated his condition.

Conclusion

The Claimant’s right hip osteoarthritis is compensable because I found his work at Electric Boat aggravated the pre-existing condition, therefore the entire resulting disability is compensable.See Rainey, 517 F.3d at 636; Blanchette v. OWCP, 998 F.2d 109, 112 (2d Cir. 1993). Therefore, any medical expenses reasonably and necessarily incurred as a result of his right hip osteoarthritis are also compensable. 33 U.S.C. § 907;Dupre, 23 BRBS at 94.