ALJ BERGSTROM (NEWPORT NEWS) DENIES BENEFITS, FINDING CLAIMANT IS EXCLUDED AS A 'CLERK'

c. The Claimant is excluded from coverage under the LHWCA for her February 23, 2006 work-related injury by §902(3) of the LHWCA.
The LHWCA specifically excludes from coverage those individuals who are employed exclusively to perform office clerical, secretarial, or data processing work if the individual is subject to coverage under a State workers’ compensation law. 33 U.S.C. §902(3)
As set forth above, at the time of the February 23, 2006 work-related injury, the Claimant was employed exclusively to perform clerical and secretarial work and was subject to coverage under the Virginia Workers’ Compensation Act. Accordingly, this Administrative Law Judge finds that the Claimant is not a covered employee under the LHWCA.

ALJ BERGSTROM'S DECISION DENYING BENEFITS IN 

COX vs. NEWPORT NEWS SHIPBUILDING