United States Third Circuit

A Benefits Review Board (BRB) order holding petitioner-employer liable to respondent-employee for disability compensation is affirmed where: 1) the deadline for filing a claim was tolled until respondent became or should have become aware of the relationship between his injury and his employment, and his claim was therefore timely; 2) substantial evidence supported the BRB's finding that the employment injury aggravated respondent's pre-existing arthritic condition; 3) petitioner did not present evidence sufficient to overcome a presumption that the injury aggravated the pre-existing condition; and 4) petitioner was not eligible for relief from payments under 33 U.S.C. section 908(f).

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• Before:  FISHER and JORDAN, Circuit Judges, and YOHN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Leonard Fornella, Babst, Calland, Clements & Zomnir, Pittsburgh, PA, Attorney for C & C Marine Maintenance Company., Jonathan L. Snare, Allen H. Feldman, Mark A. Reinhalter, Peter B. Silvain, Jr., United States Department of Labor, Office of the Solicitor, Washington, DC, Attorneys for Director, Office of Workers' Compensation Programs., Robert J. Taylor, Taylor, Hladio & Alsko, Ambridge, PA, Attorney for Roger Bellows.