Strachan Shipping Co. v. Nash

The analytical presentation of the majority opinion is generalized and tends to obscure the narrow and precise issue which we face in this case. First, there is no dispute whatsoever that the second injury fund is not applicable because the disability involved is not at a sufficient level to meet the eligibility requirements of the fund. Second, there is no question but that the aggravation doctrine is a valid one and is now part of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 908(f).

Stated accurately, the sole issue in this case is: Can the employer of an employee injured…