DECISION AND ORDER- DENYING IN PART AND GRANTING IN PART WAIVER OF OVERPAYMENT OF BENEFITS UNDER THE BLACK LUNG BENEFITS ACT

DECISION AND ORDER- DENYING IN PART AND GRANTING IN PART WAIVER OF OVERPAYMENT OF BENEFITS UNDER THE BLACK LUNG BENEFITS ACT

In the Matter of: 

BILL H. RAMEY,
                    Claimant

v.

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS,
                                                                                                    Party-in-Interest

Appearances:
Andrew Delph, Esq. For the Claimant
Karen Barefield, Esq., For the Director                                    

                                                 Before: RICHARD A. MORGAN Administrative Law Judge

This case arises from a claim for benefits under the “Black Lung Benefits Act,” Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901, et seq. (“Act”), and applicable federal regulations, mainly 20 C.F.R. Parts 404 and 725. (“Regulations”).

Congress created a Black Lung Disability Trust Fund (“Trust Fund”) in order to provide claimants with interim benefit payments, i.e., where the operator liable for payments does not commence them within thirty days of the initial eligibility determination. 30 U.S.C. §§ 901-945; 9501(d). Here, the claimant was paid benefits, under the Act. Section 413(b) of the Act authorizes the Department of Labor to recover erroneous Trust Fund payments or “overpayments.” 30 U.S.C. § 923(b). The Director, Office of Workers’ Compensation Programs (“OWCP”)(“Director”) claims an overpayment was made because the claimant’s award of interim benefits was overturned on appeal. The claimant seeks waiver of the overpayment.

The claimant filed for black lung benefits on March 25, 2010. The District Director issued a Proposed Decision and Order awarding benefits on November 29, 2010. The employer objected to that finding and requested a formal hearing. The claimant was paid interim benefits by the Black Lung Disability Trust Fund. On July 12, 2012, an Administrative Law Judge issued a Decision and Order Denying Benefits. This denial of benefits was not appealed.

On October 10, 2012, the District Director notified the claimant of an overpayment in the amount of $26,021.44 which includes $12,050.56 in monthly benefits and $13, 970.88 in medical benefits. The District Director made a preliminary finding that the claimant was without fault. On December 7, 2012, the District Director denied waiver of overpayment, finding that the claimant had not shown either that recovery of the overpayment would defeat the purpose of the Act or that recovery would be against equity and good conscience. The claimant responded to the District Director’s initial determination by letter dated December 5, 2012, received by the U.S. Department of Labor on December 12, 2012, requesting a waiver of this overpayment, submitting an overpayment questionnaire and requesting an additional 90 days to submit receipts, bank statements and other supporting evidence pertaining to his request for a waiver of overpayment. By letter dated January 8, 2013. Claimant submitted financial information including bills, bank statements and other evidence.

On June 27, 2013, the District Director issued a “final determination” finding that the overpayment is now considered a debt due and owing to the Federal government which must be repaid. By letter dated July 3, 2013, the claimant, through his attorney requested a formal hearing and the case was referred to the Office of Administrative Law Judges. I was assigned the case on August 27, 2013. I conducted a formal hearing on August 20, 2015 in Charleston, West Virginia. Director’s Exhibits (“DX”) 1-12 and Claimant’s Exhibit (“CX”) 1 were admitted with no objections.

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ORDER

It is ordered that the claim for waiver of recovery of an overpayment in the amount of $26,021.44 is denied in part, and granted in part. Waiver of recovery is hereby DENIED in regard to the $12,050.56 in monthly benefits paid to the claimant. Waiver of the overpayment of $13,970.88 in medical benefits is hereby GRANTED, as recovery would be “against equity and good conscience.” The claimant must reimburse the Black Lung Trust Fund for the adjusted overpayment, in the amount of $12,050.56. 

APL SETTLES ON ALLEGED US FALSE CLAIMS ACT VIOLATIONS

Arizona-based ocean carrier APL Limited has agreed to pay the U.S. government USD 9.8 million to resolve allegations that it violated the False Claims Act in connection with a contract to provide GPS tracking of shipping containers in Afghanistan, the U.S. Justice Department said.

The U.S. Department of Defense contract required APL, a wholly-owned American subsidiary of Singapore-based Neptune Orient Lines Limited, to affix a satellite tracking device to each shipping container transported from Karachi, Pakistan, to U.S. military bases in Afghanistan, when the Department of Defense (DOD) requested the tracking services.

The United States alleges that APL billed the DOD for tracking services despite knowing that the tracking devices completely or partially failed to transmit data, or were not affixed to shipping containers.

The U.S. government also claims that APL attached a single satellite tracking device to two shipping containers despite being required to affix one device to every container.

“Today’s settlement demonstrates our commitment to ensure that contractors doing business with the military perform their contracts honestly,” said Principal Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.

The claims resolved by this civil settlement are allegations only and there has been no determination of liability, the U.S. Justice department said.

PAVILLION ENERGY AND GAZPROM SIGN 10-YEAR LNG SUPPLY DEAL

Singapore-based Pavillion Energy has signed a 10-year Sales & Purchase Agreement for liquefied natural gas (LNG) with a subsidiary of Russia’s gas major Gazprom, Seah Moon Ming, the company’s chief executive officer, said today in his keynote address at Gastech Singapore 2015.

First deliveries within the new agreement are expected two to three years from now Seah said, without disclosing the volume of LNG to be delivered, or the value of the contract.

This Temasek portfolio company has also signed a Memorandum of Understanding (MOU) with China Huadian Green Energy to supply cargoes of LNG to the company from 2020 onward, as well as an MOU with Japan’s JERA for collaboration in joint LNG procurement and investment, Seah said in his speech.

”Pavilion Energy is currently focused on developing regional demand. We see this as an important step towards building a reliable and robust LNG ecosystem in Singapore, and hopefully for Asia,” Seah said.

Seah also said that the company sees Singapore as well-equipped to host this new and more open way of doing business in the LNG sector.

”The International Energy Agency or IEA has expressed confidence about Singapore’s prospects, and believes Singapore will eventually emerge as Asia’s premier LNG Trading Hub,” Seah said.

A MINER'S CLAIM FOR BENEFITS UNDER THE BLACK LUNG BENEFITS ACT

A MINER'S CLAIM FOR BENEFITS UNDER THE BLACK LUNG BENEFITS ACT

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In the Matter of: 

DARRYL L. RUTROUGH, 

                              Claimant, 

v. 

OMEGA MINING, INC/ 

NATIONAL UNION FIRE/CHARTIS, 

                                  Employer/Carrier, 

and 

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, 

                                     Party-in-Interest. 

Case No.: 2012-BLA-05710

Procedural History 

Claimant filed his claim for benefits on November 2, 2010. (Director’s Exhibit (“DX”) 2). The claim was denied by the district director on February 12, 2012, because, although the evidence established the presence of pneumoconiosis which arose out of Claimant’s coal mine employment, the evidence failed to establish that Claimant was totally disabled due to pneumoconiosis. (DX 32). On March 5, 2012, Claimant requested a hearing before an administrative law judge. On April 16, 2012, the case was referred to the Office of Administrative Law Judges by the Director, Office of Workers’ Compensation Programs (OWCP) for a formal hearing. (DX 35). On January 14, 2015, I held a hearing in Abingdon, Virginia, at which Claimant was represented by a lay representative and employer and insurer were represented by counsel. The Solicitor entered a written appearance for the Director, Office of Workers’ Compensation Programs (“OWCP”), but did not attend the hearing. The parties were afforded the full opportunity to present evidence and argument. Claimant’s exhibits (“CX”) 1-9, Director’s exhibits (“DX”) 1-37, and Employer’s exhibits (“EX”) 1-8 were admitted into the record (Hearing Transcript (“TR”) 6, 9). In addition, Employer was allowed time post-hearing to submit a rebuttal x-ray reading, an affirmative pulmonary function study and updated reports by Drs. Rosenberg and Dahhan (TR 9). Post-hearing evidence consists of a pulmonary function study by Dr. David M. Rosenberg performed on February 3, 2015 (EX 4), an updated report by Dr. Rosenberg dated April 14, 2015, (EX 6) and an updated medical report by Dr. A. Dahhan dated March 20, 2015 (EX 7). 

Issues 

At the hearing, Employer stipulated that Claimant worked as a miner for 22.38 years. At the hearing, Employer stated the issues remaining included: 1) Whether Claimant has pneumoconiosis as defined by the Act and the Regulations; 2) Whether Claimant’s pneumoconiosis arose out of his coal mine employment; 3) Whether Claimant is totally disabled; and 4) Whether Claimant’s disability is due to pneumoconiosis (TR 10). In the closing brief, however, Employer conceded that the evidence is sufficient to establish that Claimant has pneumoconiosis, that his pneumoconiosis arose out of coal mine employment, that Claimant is totally disabled and that his disability is due to pneumoconiosis. Employer contends that the only remaining issue is the onset date when benefits may commence.

 

Conclusions

In conclusion, Claimant has established that he has pneumoconiosis that arose out of his coal mine employment, as defined by the Act and Regulations. Claimant has established that he is totally disabled due to pneumoconiosis. The evidence establishes an onset date of March, 2013. 

ILWU MEMBERS TELL OAKLAND CITY COUNCIL TO KILL COAL TERMINAL PLAN

An overflow crowd at the Oakland City Council meeting on September 15 heard ILWU leaders taking passionate positions against a controversial coal export terminal that developers and coal industry lobbyists want to build on a private dock with public subsidies. Six hundred citizens submitted requests to speak at the hearing which began at 4pm and went late into the night.

Developer hiding

Master developer Phil Tagami was noticeably absent from the public hearing on the coal export terminal which has become a centerpiece of his redevelopment scheme that promised to transform Oakland’s former Oakland Army base into a mix of modern warehouses, intermodal hub and a “state of the art” privately-owned break-bulk dock.

Jobs Promised

To win crucial political support, Tagami claimed his project would create thousands of good-paying jobs, and told community and labor groups that most of those jobs would be union. But many of the groups negotiating with Tagami were unfamiliar with industry employment practices, which may have allowed the developer to use inflated and unrealistic numbers. Now Tagami has hitched his project’s to a controversial coal export terminal, and suggested that the entire project and thousands of jobs depend on the coal deal.

Coal lobbyists & lawyers

Instead of appearing in person at the September hearing, Tagami hired a slew of well-dressed lawyers, lobbyists, businessmen and preachers to make his case for the coal terminal. Lawyers made thinly-veiled threats that lawsuits would be filed if the developers didn’t get their way. One Washington D.C. lawyer declared that the city had no authority to regulate or limit railroads shipping coal to the export terminal.

Buying turnout

But despite hiring big guns, Tagami’s team had a hard time finding actual “concerned citizens” who supported the coal terminal, so they resorted to paying people to fill seats and wear t-shirts. The plan backfired when news reporters interviewed apparent “coal supporters” in the audience who quickly admitted they only came because they were paid. Some even expressed confusion about which side they were supposed to support.

Buying loyalty

The pay-to-play tactics included generous “offers” from the coal lobbyists to local churches and environmental groups – in exchange for backing the coal terminal. A team of former executives from the Port of Oakland reportedly offered church leaders 7 cents for every ton of coal that would be exported; environmental groups were offered a more generous 12 cents per ton. The environmental groups declined the offer; while some church leaders apparently accepted and attended the hearing to praise the proposal.

Labor unity & exceptions

The Alameda County Central Labor Council told City officials that unions had just passed a strong resolution opposing the coal export terminal, because it would provide few jobs, threaten nearby residents and harm efforts to control climate change. Two unions, the Teamsters and Laborers, tried but failed to stop the labor body from adopting the coal terminal resolution.

Both were told by the developer that the good union jobs being promised could not be delivered without the coal terminal. Teamster officials joined developer Phil Tagami in avoiding the public hearing, but lobbied for the coal project behind the scenes.

Broken promises

Developer Phil Tagami was singing a different tune several years ago when he was desperate to secure political support from labor unions, community and environmental groups for his development plan. He promised groups that coal would not be part of his project, then used their support to win approval from the Oakland City Council and $400-500 million in public subsidies. After winning political approval, it was revealed that developers were working closely with anti-union coal companies in Utah who desperately want a private dock to export their fuel abroad, and offered developers $53 million to make it happen.

Exporting coal abroad

Exports are crucial to North America’s coal industry because domestic consumption and prices are falling as the dirty fuel is replaced with cleaner and cheaper natural gas and alternatives such as solar. This reality has forced the coal industry – now almost entirely non-union – to sell their product abroad to countries with minimal environmental and worker safety protections, such as China, Vietnam, and India. These countries have historically resisted global agreements to limit greenhouse gas emissions that cause global climate change. China recently declared a willingness to adopt a market- based “cap-and-trade” system like America’s, which allows companies to “buy” their right to pollute.

Explaining ILWU views

The ILWU approached the coal hearing with a unified voice. Local 10, Local 34 and the Northern California District Council have all taken positions opposing the coal terminal. Local= 10 Business Agent Derrick Muhammad was the first ILWU member to speak at the public hearing on September 15. Muhammad immediately assailed the simplistic job arguments used by coal terminal supporters.

“Prostitution and drug dealing both create lots of jobs in Oakland, but they aren’t the kind of jobs we need,” said Muhammad, who declared that coal terminal jobs should be similarly unwelcome.

Chris Christensen, President of the Bay Area Longshoremen’s Memorial Association, also testified about the downside of coal jobs for the community and longshore workers and urged the City Council to oppose the coal export terminal.

Local 6 Secretary-Treasurer Fred Pecker represented the ILWU’s Northern California District Council, arguing that West Oakland residents have long suffered from heavy pollution in their neighborhood, and deserve better options than a coal terminal.

Expert testimony

A team of experts, including several current and former government officials, testified about the dangers of transporting and burning coal. They included the State of California’s former top environmental health official, a current EPA official and Alameda County’s public health officer.

The health officials joined engineering experts who said the coal terminal involved unnecessary health, environmental and economic risks. One expert noted that a similar expensive coal terminal investment by the Port of Los Angeles had failed to generate the jobs and business that were promised] by the coal industry.

Company threats

In addition to threatening lawsuits at the public hearing, coal interests have been quietly investigating several Oakland City Council members who expressed concern about the coal terminal.

A Denver-based law firm that represents the nation’s largest coal companies and Wall Street firms who finance them, is seeking emails, voice mails, texting and other communication records from Council members.

Media coverage

Media coverage of the September City Council hearing on the coal terminal was extensive, and some outlets have devoted resources to investigating the project in greater detail. Investigative reporter Darwin BondGraham of the East Bay Express has led the way by exposing the coal industry’s financial and lobbying networks that usually operate in the shadows.

“The bottom line,” says Local 10 President Melvin Mackay, “is that this coal terminal is not something members support because it’s bad for the community, bad for the union and bad for the environment.”

ILWU AND COMMUNITY COALITION CHALLENGE DANGEROUS CRUDE OIL TERMINAL IN VANCOUVER, WA

Members of ILWU Local 4 have joined forces with community and environmental allies to stop a scheme by big oil that could ruin their port, close the Columbia River and turn their city into a disaster area.

Power play

Documents show that officials from the Port of Vancouver reached a deal in secret with oil companies to build the nation’s largest oil-to-marine export terminal without first holding public hearings on the controversial and dangerous proposal.

Four trains a day

Big oil wants to bring four “unit trains” a day to the Port of Vancouver. Each of the mile-long trains would carry 100 or more tank cars filled with highly volatile and explosive crude from the Bakken oil fields of North Dakota. Each of the cars carry 30,000 gallons of highly flammable crude as the trains travel through dozens of towns before reaching the west coast.

Possible disaster

The possibility of a catastrophic disaster that could wipeout parts of Vancouver and other town became more real on July 6, 2013. That’s when a train carrying Bakken crude oil derailed and exploded in a cataclysmic firestorm that destroyed much of Lac-Megantic, a town in Quebec, Canada. The disaster killed 47 residents and injured many others.

“Bringing this stuff into our town is just irresponsible and too dangerous,” says Local 4’s Cager Clabaugh  who has told Port Commissioners that “the risk isn’t worth the reward.”

He notes that Local 4 members opposed plans for an oil export terminal in their town before the 2013 disaster in Quebec, and have strengthened their resolve since.

“Before that disaster, oil industry lobbyists were assuring our Port Commissioners that this stuff was safe and there was nothing to worry about,” said Clabaugh. “They changed their tune after the Lac-Megantic disaster, but are still saying it’s safe enough and refuse to drop their dangerous plan.”

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EIB SETS ASIDE EUR 165 MILLION FOR AMSTERDAM SEA LOCK

The European Investment Bank (EIB) has agreed to provide EUR 165 million (187.5m) to support the construction of a new sea lock at IJmuiden, the principal access to the Dutch Port of Amsterdam.

The current Noordersluis lock was built in 1929 and the new larger lock will ensure that the next generation of bulk carriers, container ships and cruise ships can continue to access the Port of Amsterdam and the North Sea Canal, and is expected to reduce waiting time for ships.

The new sea lock will be 500 meters long, 70 meters wide and 18 meters deep, and able to operate in all tides. The IJmuiden sea lock is expected to support economic activity both along the North Sea canal and for companies using the Port of Amsterdam, Europe’s fourth busiest port.

Europe’s long-term investment institution will provide 33% of the debt financing for the project, alongside a consortium of banks including Sumitomo Mitsui Banking Corporation, The Bank of Tokyo-Mitsubishi UFJ, UniCredit Bank, DZ BANK and KfW IPEX-Bank, whereas Rabobank is providing an equity bridge facility.

The lock is procured as a public private partnership of the Dutch Ministry of Infrastructure and Environment through Rijkswaterstaat, and is supported by the province of North Holland and the municipality of Amsterdam.

“90% of Europe’s international trade passes through ports and upgrading the IJmuiden sea lock complex is crucial to ensuring the Port of Amsterdam’s leading role. Amsterdam has more distribution centres than any other region in Europe and the port supports companies dependent on logistics across the Netherlands and northern Europe,” said Pim van Ballekom, European Investment Bank Vice President.

PENSIONERS CONVENTION MEETS AND TAKES ACTION IN SAN FRANCISCO

Over 200 ILWU pensioners, spouses and guests gathered in San Francisco for the 48th Annual Pacific Coast Pensioners Association (PCPA) convention on September 6-9. This year’s convention looked ahead to the upcoming Presidential election, discussed the need for single payer health care in the United States and learned about long-term care insurance. Delegates heard about the struggle by dock workers in Colombia for fair wages and safe working conditions.

On the convention’s second day, delegates demonstrated at a local Whole Foods store in solidarity with Sakuma Farms workers in Washington State who are fighting for union recognition and a fair contract.

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HEALTH CARE COSTS HIGHLIGHT MARITIME LABOUR CONVENTION RISK

HEALTH CARE COSTS HIGHLIGHT MARITIME LABOUR CONVENTION RISK

By Wendy Laursen

The Japan P&I Club recently issued a notice to shipowners giving an analysis of why U.S. health care is so expensive. The high cost of U.S. healthcare is not new, but with the Maritime Labour Convention (MLC) now coming into its third year there could now be an elephant in the room making it more pertinent than ever before.

The MLC came into force internationally in August 2013. One of its aims is to extend the duty of care that shipowners are required to provide sick or injured seafarers. In the past, seafarers working for less vigilant owners might find themselves treated on board but then replaced at the next port and subsequently left to manage their problems without support.

The high cost of health care in the U.S. has become an issue of greater relevance to shipowners and their P&I Clubs as they are required to now manage crew members back to “maximum medical improvement.”

The Japan P&I Club cites an information paper by U.S. medical services coordinator Sphere MD. The key message is this:

Medical care in the U.S. is more expensive than in any other country in the world. This is because U.S. health care pricing is not set by the government. In fact, in most cases, hospitals and doctors in the U.S. are allowed to charge ANY amount they wish for their services. As most U.S. hospitals and doctors are private enterprises, they charge higher pricing to maximize profits.

Because hospitals and doctors set their own pricing, situations exist where hospital charges for identical medical services, may differ substantially from port to port. In fact, port-to-port cost variation can be 10 x or more. An appendectomy may cost $300,000 in New York, while the same surgery may cost $30,000 in Washington State.

Medical services coordinators around the world offer services to help shipowners minimize costs, particularly in the U.S.

Christina DeSimone, CEO of Future Care, Inc., has this to say: “The U.S. has the most expensive healthcare system in the developed world. Medical bill review along with pre-certifying care and cost at the time your crew member is admitted to a hospital is the only way to ensure that your crew members are receiving quality care in the right timeframe for the right cost.”

Future Care’s bill review services have found that 90 percent of all hospital bills contain overcharges. “It is critical to have a precertification of care process and a bill review system in place when your crew members are scheduled to receive medical care in the U.S. Savings from bill review can be enormously effective, saving the shipowner 50-70 percent of medical charges when a nurse case manager and a medical bill review specialist work together prospectively during the actual course of the crew member’s care.”

DeSimone’s views are echoed by Andy Tibbets, Vice President at International Medical Group, Inc. (IMG). Through its subsidiary, AkesoCare Global, IMG offers services globally for insurance, claims administration, case management and cost containment.

“Shipowners are realizing that health care in the U.S. is extraordinarily expensive, and what we’ve seen happen in the U.S. for the last 40-plus years is that most land-based industries have built up many different strategies for mitigating these costs,” he says.

“Now shipowners are assuming additional responsibilities similar to those land-based industries. A lack of experience in fiscal management and medical care management could see shipowners and P&I Clubs writing checks without any real idea about how to manage costs.”

It’s Tibbets that sees the elephant in the room when it comes to the MLC. He says that historically it takes attorneys two or three years to realize the litigation opportunities that new regulations make available. “Litigation is a challenge everywhere, and especially in workers’ compensation. We have seen it in other industries. A law comes in and the attorneys follow. Shipowners, as employers, need a sound strategy.”

IMG claims to have something currently missing in the MLC and also the maritime insurance industry. That is the protocols to help shipowners ensure they have sound processes and documentation in their dealings with sick or injured crew members. Tibbets claims IMG’s protocols are based on sophisticated processes, suitable worldwide, that are already tested in court.

“Documentation is not a panacea, but in in its absence litigation risks increase. That’s the elephant in the room with the MLC: There is no clear guidance set forth to really demonstrate what steps have to be taken by vessel owners to fulfill its requirements,” says Tibbets.

As Sphere MD warns: “U.S. law is unique for both domestic and foreign crew members when it comes to medical care. In many cases, liability for medical care is unlimited, and medical bills are not subject to any insurance adjustments. In fact, U.S. courts have ordered vessel owners to pay 100 percent of medical invoices. Therefore, even in the event of overtreatment shipowners may be required to pay the full invoice amount.”

PORT OF LONG BEACH SURPASSES AIR POLLUTION REDUCTION MILESTONES SET FOR 2014

By Stephanie Rivera

An annual study of port-related air pollution emissions found that the Port of Long Beach (POLB) surpassed each and every air pollution reduction standard set for 2014 by the San Pedro Bay Ports Clean Air Action Plan (CAAP).

Specifically, the port announced today, the study found that the POLB cut diesel particulates by 85 percent since 2005, which went beyond the CAAP goal of a 72 percent reduction in 2014.

“The Port of Long Beach remains the greenest Port in the world, reducing emissions while increasing economic activity,” said Mayor Robert Garcia in a statement. “The Port’s consistent commitment to sustainability and our environment should be celebrated.”

“When the Clean Air Action Plan was adopted almost 10 years ago, the Port made a promise to the community to reduce air pollution and to be a better neighbor,” Harbor Commission President Lori Ann Guzmán said in a statement. “While our work is not finished, these results show our commitment to living up to our responsibilities as the Green Port.”

In addition, smog-forming nitrogen oxides dropped 50 percent and sulfur oxides dropped 97 percent. The corresponding goals for the year are 22 percent and 93 percent.

In a release, the port credited such programs as the Clean Trucks Program, increased use of shore power for cargo ships, low-sulfur fuel regulations for ships and the Green Flag Vessel Speed Reduction Program.

Both the 2014 levels of diesel particulates and sulfur dioxides improved from 2013 levels, measuring overall reductions were measured at 82 percent and 90 percent, respectively.

Nitrogen oxides increased slightly in the study, however, down 50 percent in 2014 compared to 54 percent in 2013, according to the release.

According to officials, the change in nitrogen oxide was attributed to more passenger cruise ship calls—234 calls in 2014 compared to 123 in 2013—and increased emissions from container ships at anchorage due to the congestion late last year.

The port’s continued efforts in improving air quality over the last decade is expected to reduce risks in surrounding areas for cancers and other serious illnesses such as asthma and chronic lung disease, Long Beach City Health Officer Dr. Mitchell Kushner said.

“These lower emission levels translate into major public health benefits, and lead to a more vibrant and healthy community,” said Kushner. 

The U.S. Environmental Protection Agency, California Air Resources Board and South Coast Air Quality Management District review the annual “emissions inventory.”

The 2006 Clean Air Action Plan outlines strategies to significantly reduce pollution from ships, locomotives, trucks, terminal equipment and harbor craft that move cargo, the release stated.

For the complete emissions inventory, go to www.polb.com/emissions.

OECD UNIT PROPOSES CARBON TAX ON SHIPS' EMISSIONS

An arm of the Organization for Economic Cooperation and Development said stronger action is needed to reduce greenhouse gas emissions from ships, and that a carbon tax on shipping would be a way to achieve it.

“This approach has the advantage of administrative simplicity. It would be easier to implement than any other market-based mechanism,” the OECD’s International Transport Forum said in a policy brief.

The 2009 Copenhagen Accord on climate change set out goals for reduced carbon dioxide emissions to limit global warming to 1.5 or 2 degrees celsius by 2100. Bringing the shipping industry into compliance with these goals would force companies to halve vessel emissions by 2050 and reduce them to zero by 2080.

The International Transport Forum said efforts to reduce shipping’s carbon emissions “would gain huge impetus” if the United Nations’  International Maritime Organization were directed to set strict emissions targets and create requirements that would include a carbon tax.

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PACIFIC MARITIME ASSOCIATION BLAMES LONGSHORE WORKERS UNION FOR STALLED CONTRACT TALKS, WEEKEND WORK STOPPAGE

"In the meantime, shippers have ramped up pressure on the union, both on the docks and in the press. PMA companies suspended operations over the weekend, grinding activity at some of the nation’s busiest ports to a halt. They claimed it was in response to a prior union-induced slowdown."

"No matter who’s at fault, it’s clear the dispute is starting to have an economic impact."

EAGLE EXPRESS SERVICE: CONNECTING NORTH ASIA WITH U.S. WEST COAST

EAGLE EXPRESS SERVICE: CONNECTING NORTH ASIA WITH U.S. WEST COAST

"Singapore-based container line APL is launching a new weekly U.S.-flagged service that will, as of November, connect North Asia with the U.S. West Coast."

A CLAIM FOR BENEFITS UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT AFTER WORK INJURY CAUSES FURTHER TRAUMA TO PRE-EXISTNIG CONDITIONS

A CLAIM FOR BENEFITS UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT AFTER WORK INJURY CAUSES FURTHER TRAUMA TO PRE-EXISTNIG CONDITIONS

IN THE MATTER OF: COSMO COLARUOTOLO, Claimant v. SSA CONTAINERS, INC., Employer and HOMEPORT INSURANCE COMPANY, Carrier.

CASE NO.: 2013-LHC-00095

OWCP NO.: 18-097734

LONGSHORE WORKERS VOTE TO OPPOSE COAL EXPORTS IN OAKLAND

LONGSHORE WORKERS VOTE TO OPPOSE COAL EXPORTS IN OAKLAND

"International Longshore and Warehouse Union elected officials say coal is an undesirable, low-value cargo and a broken promise on the part of the developer, and longshore workers are standing by community members who do not want the worry and risks of nine million tons of coal passing through their neighborhoods on trains each year."

JUDGE GERAGHTY AWARDS BENEFITS UNDER THE BLACK LUNG BENEFITS ACT

JUDGE GERAGHTY AWARDS BENEFITS UNDER THE BLACK LUNG BENEFITS ACT

In the Matter of: RAYMOND DAVIS, Claimant, v. ADVENT MINING, LLC., Employer, and ROCKWOOD CASUALTY INSURANCE COMPANY, INC., Carrier, and DIRECTOR, OFFICE OF WORKERS‟ COMPENSATION PROGRAMS, Party In Interest.

CASE NO.: 2012-BLA-05162

Issue Date: 25 September 2015

DECISION AND ORDER AWARDING BENEFITS 

This proceeding arises from a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (the “Act”) and the regulations issued thereunder, which are found in Title 20 of the Code of Federal Regulations. Regulations referred to herein are contained in that Title. Benefits under the Act are awarded to coal miners who are totally disabled within the meaning of the Act due to pneumoconiosis, or to the survivors of coal miners whose death was due to pneumoconiosis. Pneumoconiosis, commonly known as “black lung,” is a disease of the lungs resulting from coal dust inhalation. Raymond Davis (“Claimant”) filed this claim for benefits on October 14, 2010. DX 4. On September 21, 2011, the District Director issued a proposed Decision and Order awarding benefits. DX 25. Advent Mining, LLC. (“Employer”) requested a formal hearing. DX 26. - 2 - This case was referred to the Office of Administrative Law Judges for a formal hearing. DX 29.1 Subsequently, the case was assigned to me. I issued a Notice of Hearing on February 6, 2015. The hearing was held before me in Owensboro, Kentucky on July 7, 2015, at which time the parties had full opportunity to present evidence and argument. The decision that follows is based upon an analysis of the record,2 the arguments of the parties,3 and the applicable law. 

CONCLUSION 

Claimant has met his burden of showing a change in an applicable condition of entitlement since the prior claim was denied. Upon de novo review of the entire record, I find that Claimant has established that he had fifteen years of underground coal mine employment, and that he is totally disabled by a pulmonary or respiratory impairment. Employer has failed to rebut the presumption that Claimant is totally disabled due to pneumoconiosis. Accordingly, Claimant is entitled to benefits under the Act. 

ALJ LARRY PRICE FINDS NEED FOR SPINAL SURGERY TO BE RELATED TO ACCIDENT AT WORK

ALJ LARRY PRICE FINDS NEED FOR SPINAL SURGERY TO BE RELATED TO ACCIDENT AT WORK

THERESA ENHELDER, Claimant v. ARMY & AIR FORCE EXCHANGE WACO DISTRIBUTION CENTER, Employer and ARMY & AIR FORCE EXCHANGE C/O CONTRACT CLAIMS SERVICES, Carrier

CASE NO.: 2014-LHC-01955
OWCP NO.: 08-139768

VI. CONCLUSION 

Claimant’s back injury is compensable. Her back injury has not resolved or reached MMI, and she is unable to return to her pre-injury position. Employer has not established suitable alternative employment. Thus, she has been temporarily and totally disabled from the date of the injury, June 13, 2013, and continuing. Employer paid the appropriate rate of compensation from June 13, 2013 through January 12, 2014 in addition to wages for the temporary period of Claimant’s return to work from January 13-February 18, 2014. Claimant is therefore entitled TTD benefits from February 19, 2014 and continuing. Claimant is also entitled to medical treatment, including surgery, for her lumbar injuries, as well as reimbursement for medical treatment rendered thus far and mileage.

Norfolk Longshoreman Convicted of Welfare Fraud

Longshoreman Convicted of Welfare Fraud

Norfolk, Va. – A Norfolk longshoreman was sentenced to prison and ordered to pay over $1,000,000 on September 9.

Dwayne Carter was sentenced to 29 months in prison for conspiracy to engage in food stamp benefits fraud.

Carter pleaded guilty of food stamp fraud on April 27, 2015.

Carter has to pay $1,928,633.10 in restitution, the amount his family received from the USDA/FNS SNAP Program, United States Department of Agriculture (USDA) and the Food and Nutrition Service (FNS).

Court documents say that Carter’s family owned Merrimac Market in Norfolk, Virginia.

The market participated in the Food Stamp and Supplemental Nutrition Assistance Program (SNAP) since April 1993.

For over three years, the Carters used debit funds from the Merrimac Market from customers who presented and swiped their EBT cards.

The cashier paid customers half of the amount that had been debited in cash.

The family debited funds off of a card in multiple transactions over a period of time so they would not get caught.

James Robert Carter was convicted earlier this year and was sentenced to 30 months in prison and ordered to pay restitution in the amount of $2,275,889.59.