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Director, Office of Workers Compensation Programs v. Matson Terminals, Inc.

9th CircuitJuly 12, 2011No. 09-72979
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Case Details

Judge(s)
Alarcón, Wardlaw, Smith
Status — whether other courts must follow this ruling
Unpublished
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The court denied the Director's petition for review and upheld the Benefits Review Board's decision granting partial Special Fund relief to Matson Terminals under Section 8(f) of the LHWCA for a portion of compensation liability owed to a former employee for hearing loss.

What This Ruling Means

**Court Upholds Employer's Reduced Liability for Worker's Hearing Loss** This case involved a dispute over who should pay for a worker's hearing loss compensation at Matson Terminals, a shipping company. The worker had suffered hearing damage on the job and was entitled to compensation under federal maritime law. However, Matson Terminals argued they shouldn't have to pay the full amount because the worker had a pre-existing hearing condition that made the injury worse. They requested that a special government fund help cover part of the costs. The court sided with Matson Terminals. The judges upheld a previous decision that allowed the company to receive "Special Fund relief" under Section 8(f) of the Longshore and Harbor Workers' Compensation Act. This means the government's special fund will help pay for a portion of the worker's compensation, reducing what the company has to pay directly. **What this means for workers:** If you have a pre-existing medical condition that makes a work injury worse, your employer might not have to pay the full compensation amount. A special government fund may cover part of the costs instead. While you'll still receive your full compensation, the source of payment may be split between your employer and federal funds.

This summary was generated to explain the ruling in plain English and is not legal advice.

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