Tanner v. Ingalls Shipbuilding, Inc.

LITTLE, District Judge:

The issue common to each appellant is whether occupational hearing loss claimants under the Longshoremen’s and Harbor Workers’ Compensation Act (the Act) are required to have their hearing disabilities compensated under subsection (A) or subsection (B) of 33 U.S.C. § 908(c)(13). Finding that subsection (A) is the applicable portion of the Act, we reverse the administrative decisions of the Benefits Review Board.

FACTS

This appeal represents the consolidation of three similar claims that arose under the Act. In each case, the claimant was an employee of the appellee,…