Equitable Factors No Place in LHWCA Penalties

An opinion from the 9th Circuit of the US Court of Appeals last week opined that equitable factors have no place in determining application of a penalty under the Longshore and Harbor Workers' Compensation Act, even if the late payment was due to an erroneous address provided by the claimant. In HANSON v. MARINE TERMINALS CORP. (USCA 9th 00-35871, 10/09/02) Hanson had worked for Marine Terminals Corporation ("Marine Terminals") since 1967. He filed a claim under the LHWCA for compensation due to hearing loss. On the claim form filed with the DOL, Hanson incorrectly stated his address. Mar...