OFFICE OF ADMINISTRATIVE LAW JUDGES
UNITED STATES DEPARTMENT OF LABOR
MONTHLY DIGEST # 119
November - December 1994
A. Circuit courts of appeals
In Director, OWCP v. Jaffe New York Decorating, ___
F.3d ___, No. 93-1085 (D.C. Cir. 1994), the court held that,
Employer is entitled to Special Fund relief pursuant to §
8(f), based on claimant's alcoholism as a pre-existing injury
affecting his ability to obtain and hold a job after a work-
related injury, if the Employer demonstrates that "but
for" Claimant's alcoholism, he would be employable.
[ 8.7.3.3, section 8(f) relief - alcoholism ]
In Rambo v. Director, OWCP, ___ F.3d ___, Case No.
92-70783 (9th Cir. June 24, 1994), the court held
that a "change in condition" may be based on a change
in the Claimant's physical condition, not on economic
changessuch as wages, training, skills, or educational
background.
[ 22.3.4, modification - change in economic condition ]
B. Benefits Review Board
In Harris v. Todd Pacific Shipyards, ___ B.R.B.S.
___, BRB No. 93-2227 LHC (Oct. 25, 1994), where Claimants entered
into a third-party settlement with an asbestos manufacturer
without the employer's written approval, Claimants with
occupationally-related asbestosis would be "persons entitled
to compensation" and, thus subject to the forfeiture
provisions of Section 33(g)(1) only if, at the time of
settlement, they had a permanent physical impairment, and were
aware of the relationship between their employment and the
permanent physical impairment.
[ 33.7.3, third party settlement - employer involvement
]