United States Fourth Circuit

Plaintiff's petition for review of a decision of the Benefits Review Board of the US Department of Labor, affirming an ALJ's decision that awarded hearing loss compensation to plaintiff under the Longshore and Harbor Workers' Compensation Act (LHWCA) based on an audiogram that did not comply with the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides), is granted and reversed because section 908(c)(13)(E) of the LHWCA mandates that hearing loss compensation be based on hearing loss determinations made in accordance with the AMA Guides.

Appellate Information

• Decided 10/29/2009
• Published 10/29/2009

Judges

• Before WILKINSON and MICHAEL, Circuit Judges, and IRENE M. KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gregory Edward Camden, Montagna, Klein, Camden, LLP, Norfolk, Virginia, for Petitioner.  Patrick Michael Brogan, Davey & Brogan, PC, Norfolk, Virginia, for Respondents.   ON BRIEF:  Charlene A. Morring, Montagna, Klein, Camden, LLP, Norfolk, Virginia, for Petitioner.   Mark E. Newcomb, Kelly A. Mosteller, Davey & Brogan, PC, Norfolk, Virginia, for Respondent Sealand Services, Incorporated.