Sherman Order: 2013-LDA-00160


This case arises from a claim for compensation under the Defense Base Act extension to the Longshore and Harbor Workers’ Compensation Act, as amended, 33 U.S.C. § 901, et. seq., hereinafter referred to as the “LHWCA” or the “Act” and the implementing regulations, 20 C.F.R. parts 701 and 702.  See 33 U.S.C. § 905(a). This claim involves controverted claimed cardio and pulmonary conditions. Claimant also filed a hearing loss claim, which was bifurcated from this claim and settled, and I approved settlement.

A  hearing  was  held  in  Washington,  D.C.  on  August  14,  2014.    Mr.  Sherman,  the Claimant, testified. I admitted joint exhibits (“JX”) 1-JX 24, JX 26 and JX 29. I also admitted stipulations as administrative law judge exhibit (“ALJ”) 1. The record remained open for submission of the deposition transcript of an expert witness.   The transcript was filed on September 5, 2014, and I hereby admit it as JX 30.  In a telephone conference, the parties jointly requested a deadline of December 1, 2014 for the submission of briefs, and December 8, 2014 for submission of rebuttal briefs. The Claimant submitted a brief and reply brief. The Employer did not submit a brief.

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