Tuesday, October 13, 2015

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

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."

Tuesday, October 6, 2015

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.



Thursday, October 1, 2015

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.