EMPLOYER ORDERED TO PAY PERMANENT TOTAL DISABILITY TO CLAIMANT (ALJ ROMERO)

JUAN SILVA v. LABOR READY, INC.
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Excerpts


This is a  modification  claim  under Section 22 of the Longshore and Harbor Workers’ Compensation Act, as amended, 33 U.S.C.  §  901,  et seq., (herein the Act), brought by  Labor Ready, Inc.  (Employer) and  Ace American Insurance Company (Carrier) against Claimant. On request for modification, Employer/Carrier contend that Claimant has been paid compensation pursuant to the prior Decision and Order.  In August 2010, it is asserted that Dr. Donovan, Claimant’s treating physician, released him to light work. Claimant was evaluated by Dr. Kaldis, during an Independent Medical Examination, who opined that Claimant had reached maximum medical improvement and released Claimant to return to work with no restrictions.  A vocational expert was retained who identified jobs for which Claimant could compete and obtain in the labor market.    Employer/Carrier contend that Claimant’s status as an unauthorized worker is irrelevant to the issues pending in this case.    Employer/Carrier argue that Claimant is now in no need for further medical treatment and not entitled to any additional compensation.

Conclusion
 Having concluded that the Employer/Carrier established a prima facie case for modification, Employer/Carrier’s request for modification is GRANTED. Employer/Carrier shall pay Claimant compensation for permanent total disability from August 9, 2010 to December 1, 2011, based on Claimant’s average weekly wage of $417.92, in accordance with the provisions of Section 8(a) of the Act.  33 U.S.C. § 908(a). Employer/Carrier  shall pay Claimant compensation for permanent partial disability from  December 2, 2011, and continuing based on two-thirds of the difference between Claimant’s average weekly wage of $417.92 and his reduced weekly earning capacity of $330.00 in accordance with the provisions of Section 8(c) of the Act.  33 U.S.C. § 908(c)(21).