Summary
holding that, because worker's injury was covered by the federal Longshoremen's and Harbor Workers' Compensation Act, he was not a “subject worker”
Summary of this case from Toohey v. Aviation Adventures, LLCOpinion
WCB 86-06228, WCB 86-08885; CA A44301
Argued and submitted March 2, 1988
Affirmed June 22, 1988
Judicial Review from Workers' Compensation Board.
James L. Edmunson, Eugene, argued the cause for petitioner. With him on the brief were Karen M. Werner and Malagon Moore, Eugene.
Darrell E. Bewley, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.
PER CURIAM
Affirmed.
In this workers' compensation case, the issue is whether claimant's receipt of benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq, excludes him from coverage under ORS chapter 656, Oregon's Workers' Compensation Law. The Workers' Compensation Board held that, under ORS 656.027 (4), claimant is excluded from coverage. We affirm.
ORS 656.027 (4) provides:
"All workers are subject to ORS [chapter 656] except those nonsubject workers described in the following subsections:
"* * * * *
"(4) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States."
Because LHWCA, a "law of the United States," provides coverage for claimant's work-related disability, he is not a subject worker under ORS chapter 656. ORS 656.027 (4).
The parties do not dispute that claimant's disability is compensable under LHWCA.
Affirmed.