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Louisiana Insurance Guaranty Association v. Director, Office of Workers' Compensation Programs

This case involves a claim for benefits under the Longshore and Harbor Workers' Compensation Act. The issues in this petition include whether the Louisiana Insurance Guarantee Association was responsible for payment of claims due to the insolvency of the otherwise responsible insurance carrier; and whether LIGA is also responsible for payment of medical benefits without a credit for possible, but thus far unproven, payments from existing health insurance coverage. Finding no reversible error, the 5th U.S. Circuit Court of Appeals denied the petition for review. 5th U.S. Circuit Court of Appeals, No. 09-60509, 08-13-2010

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Before DAVIS, SMITH, and HAYNES, Circuit Judges.

This case arises from Claimant Robert Harvey’s (“Harvey”) claim before an administrative law judge (“ALJ”) for benefits under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). The issues in this petition are whether the Benefits Review Board (“BRB”) erred in affirming the ALJ’s findings that: (1) Harvey’s “last injurious exposure” to absestos occurred in 1977; (2) Harvey involuntarily retired; (3) Harvey suffers from a total disability; (4) the Louisiana Insurance Guarantee Association (“LIGA”)*fn1 was responsible for payment of Harvey’s claims due to the insolvency of the otherwise responsible insurance carrier; and (5) LIGA is also responsible for payment of medical benefits without a credit for possible, but thus far unproven, payments from Harvey’s existing health insurance coverage.Finding no reversible error, we DENY the petition for review.

I. FACTUAL & PROCEDURAL BACKGROUND

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