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Home / Opinion Digests / Workers' Compensation – LHWCA – Prior Injury – Special Fund – Insufficient Evidence – Standing (access required)

Workers' Compensation – LHWCA – Prior Injury – Special Fund – Insufficient Evidence – Standing (access required)

Where the ALJ and the Benefits Review Board failed to determine the type and extent of disability that the claimant would have suffered if he had not been already disabled when injured by the work-related injury in question, their decision to limit the employer's liability to 104 weeks must be reconsidered. Reversed and remanded for further ...

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