Penrod Drilling Co. v. Johnson

CLARK, Chief Judge:

Penrod Drilling Corporation and American International Underwriters (collectively “Penrod”) petition this court to review an adverse order of the Benefits Review Board in favor of respondent-claimant Larry P. Johnson under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq. (the “Act”). After a 1985 hearing, an administrative law judge (ALJ) awarded benefits to Johnson for the period 1977 to 1985, but denied benefits from the date of the hearing onward because Johnson’s earning capacity at the time of the hearing exceeded his pre-injury wages. The…