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Harassment that Exacerbates Condition Compensable, USCA 1st

Tuesday, September 7, 2004 | 0

The United States Court of Appeals for the First Circuit ruled that harassment at work which exacerbated a neurological condition entitled an employee to total disability benefits within the meaning of the Longshore and Harbor Workers' Compensation Act because the employee could no longer safely operate a crane.In Bath Iron Works Corp. v. Preston (08/30/04 - No. 03-2530 ), Preston suffered from a hereditary neurological disorder called paramyoclonus multiplex, which causes involuntary shaking of his head and arms. Preston has suffered symptoms of the disease from approximately age ten. From 19...

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