Avondale Shipyards, Inc. v. Ronald J. Guidry and Director, Office of Workers Compensation Programs

BARKSDALE, Circuit Judge:

At issue is permanent partial disability “wage earning capacity”, 33 U.S.C. § 908(h), for purposes of the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. Because the Administrative Law Judge (ALJ) and Benefits Review Board (BRB) applied a standard more stringent than that utilized in this circuit, we VACATE and REMAND.

I

In July 1979, Ronald J. Guidry injured his neck while working as a scientific instrument mechanic for Avondale Shipyards, Inc. He did not reach maximum medical improvement until December 1984.2

Guidry’s duties at Avondale…