Fourth Circuit Reverses the Board in Longshoreman Act Case

In Green-Brown v. Sealand Service, the Fourth Circuit held that under the Longshore and Harbor Workers’ Compensation Act (LHWCA), hearing loss determinations can only be accepted under the Act if they are done according to the AMA Guides. The plaintiff was a long-term shipping container repairman, who was exposed to loud noises from air hammers, impact guns, compressors, and other sources, and filed a LHWCA claim for partial disability benefits due to noise-induced hearing loss suffered while he was employed.