Container Stevedoring Company v. Director, Office of Workers Compensation Programs Albert Gross

Under the applicable regulations, a request for special fund relief should be made “as soon as the permanency of the claimant’s condition becomes known or is an issue in dispute.” 20 C.F.R. § 702.321(b). The court today concludes that permanency is either “known” or “in dispute” whenever it is mentioned in a compensation-related document, however tangential to the actual course of proceedings such reference may be. This harsh rule does not comport with the relevant statutory or regulatory language, nor is it supported by the policies underlying the LHWCA or by common sense. Accordingly, I…