Bath Iron Works Corp. v. Director

BOWNES, Senior Circuit Judge.

The Longshore and Harbor Workers’ Compensation Act (“LHWCA” or “Act”), 33 U.S.C.A. §§ 901-950 (West Supp.1997), requires employers to pay compensation to certain maritime workers for disabling injuries resulting from their employment. An exception from total liability is provided to employers under § 8(f) of the LHWCA when the employer proves, among other things, that a permanent partial disability existed prior to the work-related injury. 33 U.S.C.A. § 908(f). In construing this exception, this court, along with other circuit courts of appeals, has required the…