January 03rd, 2020

US Court of Appeals for the Fifth Circuit Opinions
Bourgeois v. Director, Office of Workers' Compensation Programs

Docket: 19-60337
Opinion Date: January 2, 2020
Judge: Stephen Andrew Higginson
Areas of Law: Admiralty & Maritime Law, Labor & Employment Law, Personal Injury

The Fifth Circuit denied the petition for review of the Board's decision affirming the ALJ's conclusion that plaintiff did not suffer more severe shoulder and back injuries for the purpose of receiving benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). The court held that the ALJ did not err in concluding that defendants' medical expert was more credible than plaintiff's treating physician, thus rebutting the presumption of a causal nexus. The court also held that the Board did not err in refusing to consider plaintiff's new argument, presented for the first time in his motion for reconsideration, that the 2017 shoulder surgery was intended to address an AC joint sprain. Finally, the court held that the ALJ's finding that plaintiff did not suffer from lumbar facet arthrosis was supported by substantial evidence.

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