Employee Was Entitled To Continued Disability Benefits Because Suitable Alternative Employment Was Not Reasonably Available Due To His Ongoing Participation In A Rehabilitation Program

In September of 1993, Ronald Brickhouse suffered a back injury while working at Newport News Shipbuilding & Dry Dock Company (Newport News). On September 22, 1993, he commenced receiving disability benefits from Newport News, pursuant to § § 4 and 8 of the Longshore and Harbor Workers' Compensation Act (the Act). More than three years later, in January 1997, Newport News offered Brickhouse a different job. Brickhouse declined the offer because he was participating in a vocational rehabilitation program administered by the Office of Workers' Compensation Programs (the OWCP). Viewing his refusal of its employment offer as unreasonable, Newport News ceased paying his disability benefits. Brickhouse then filed a claim with the Director of the OWCP (the Director), asserting that Newport News had improperly terminated his benefits. An Administrative Law Judge (the ALJ) agreed with Brickhouse and ordered Newport News to pay benefits. The Benefits Review Board (the BRB) affirmed the ALJ, and Newport News petitioned for review. The 4th Circuit denied Newport News' petition on the ground that substantial evidence supported the ALJ's conclusion that Brickhouse was entitled to benefits because suitable alternative employment was not reasonably available due to his participation in the Program.

Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Comp. Programs

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The 4th Circuit Court of Appeals' jurisdiction includes Maryland, North Carolina, South Carolina, Virginia and West Virginia.