United States Second Circuit

Dismissal of claim for permanent partial disability benefits under the Longshore and Harbor Workers' Compensation Act is reversed, because where an ALJ finds that a medical opinion offered by an employer derives from a false factual premise and depends on discredited medical theories, it follows that the opinion cannot as a matter of law provide substantial evidence to rebut the presumption under 33 U.S.C. section 920(a).

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• KATZMANN, Circuit Judge:, Before:  CALABRESI, KATZMANN, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Carolyn P. Kelly (Amy M. Stone, of counsel), O'Brien, Shafner, Stuart, Kelly & Morris, P.C., Groton, CT, for Petitioner.


• For Appellees:
  
• Kevin C. Glavin, Cutcliffe Glavin & Archetto, Providence, RI (on behalf of Electric Boat Corporation), Kathleen Kim, Division of Black Lung and Longshore Legal Services, Office of the Solicitor, U.S. Department of Labor, Washington, DC, for Respondents.