DOL Wins Longshore PTSD Case

The case involved disability benefits under the Longshore and Harbor Workers' Compensation Act sought by a forklift driver who accidentally struck and killed a co-worker.

A panel of judges from the 4th U.S. Circuit Court of Appeals has sided with the U.S. Department of Labor in a case involving disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) sought by a forklift driver who accidentally struck and killed a co-worker. The judges issued an amended decision Jan. 27 in the case, Ceres Marine Terminals, Inc. v. Director, Office of Workers' Compensation Programs, USDOL; Samuel Jackson, No. 15-1041.

The 3-0 decision was written by Chief Judge Roger L. Gregory and joined by Judges Allyson K. Duncan and Henry F. Floyd. They refused to adopt a test sought by Ceres Marine Terminals -- that employee Samuel P. Jackson had to have been at immediate risk of physical harm, or in the "zone of danger" as outlined in a 1994 U.S. Supreme Court case, Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, in order to suffer a compensable injury. Because he was not, he could not recover damages for post-traumatic stress disorder (PTSD) under the act.

The LHWCA was enacted to create a federal workers' compensation statute for longshoremen and harbor workers. Injuries are presumed to be work related, Gregory wrote, after the claimant establishes a prima facie case that the injury was caused by the employment and arose during employment. He noted that the employer didn't dispute that Jackson could recover for a psychological injury under the act, but instead argued he could not recover for a psychological injury unless he had sustained a physical injury or was placed in immediate risk of physical harm.

The panel concluded that argument is inconsistent with the act's text and precedent and is contradicted by the reasoning of the Consolidated Rail case. "The LHWCA plainly does not encompass such a limitation by its express terms. The LHWCA does not distinguish between psychological and physical injuries – the statute simply says 'injury.' To be sure, Congress could have easily written the statute to contain such a requirement, but it did not," they found.

The accident occurred March 28, 2011. According to the decision, Jackson, a longshoreman, was operating a forklift on a pier in Portsmouth, Va., when he veered to the left to avoid being struck by a hustler truck that was backing up and carrying a 40-foot container. The forklift struck Paula Bellamy, a spotter who had her back toward the forklift, and fatally injured her.

Product Showcase

  • Full Line of Defense Against Combustible Dust Nilfisk

    Nilfisk provides a comprehensive range of industrial vacuums meticulously crafted to adhere to NFPA 652 housekeeping standards, essential for gathering combustible dust in Class I, Group D, and Class II, Groups E, F & G environments or non-classified settings. Our pneumatic vacuums are meticulously engineered to fulfill safety criteria for deployment in hazardous surroundings. Leveraging advanced filtration technology, Nilfisk ensures the secure capture of combustible materials scattered throughout your facility, ranging from fuels, solvents, and metal dust to flour, sugar, and pharmaceutical powders. Read More

  • Preventative Heat Safety

    Dehydration and heat exposure impair physical and cognitive performance. Proper hydration boosts heat stress resilience, but hydration needs are highly individualized and hard to predict across a workforce. Connected Hydration® empowers industrial athletes to stay safe through behavioral interventions, informed by sports science, and equips safety teams with critical insights to anticipate high-risk situations and adapt to evolving environmental factors. Curious about applying the latest in sports science based hydration strategies for industrial athletes? Stop by booth #1112 at AIHA or schedule a free demo today at https://epcr.cc/demo. Read More

  • Kestrel 5400 Heat Stress Tracker WBGT Monitoring for Workplace Safety

    Ensure safety with the Kestrel® 5400 Heat Stress Tracker, the go-to choice for safety professionals and endorsed by the Heat Safety & Performance Coalition. This robust, waterless WBGT meter is ideal for both indoor and outdoor environments, offering advanced monitoring and data logging essential for OSHA compliance. It features pre-programmed ACGIH guidelines and alert settings to quickly signal critical conditions. Integrated with the cloud-based Ambient Weather Network, the 5400 allows managers to view, track, and log job site conditions remotely, ensuring constant awareness of potential hazards. Its capability for real-time mobile alerts and remote data access promotes proactive safety management and workplace protection, solidifying its role as a crucial tool in industrial hygiene. Read More

Featured

Artificial Intelligence