United States Ninth Circuit
SSA Terminals and Homeport Ins. Co. v. Carrion, 13-72929
In an action brought by a claimant seeking disability benefits under the Longshore and Harbor Workers' Compensation Act, an employer/insurer's petition for review of a decision by the Benefits Review Board is denied where: 1) the claimant timely filed his claim against his employer; 2) claimant's knee injury was a permanent, rather than a temporary, disability; and 3) the doctrines of exhaustion and waiver were inapplicable because claimant presented his claim of permanent disability well before the conclusion of the administrative process and neither the employer nor the agency was blindsided by the argument.
Appellate Information
- Published 2016/05/11
Judges
- MCKEOWN
Court
- United States Ninth Circuit