Pedroza v. Brb
| Decision Date | 01 October 2009 |
| Docket Number | No. 05-75449.,05-75449. |
| Citation | 583 F.3d 1139 |
| Parties | Jose PEDROZA, Petitioner, v. BRB; Director, Office of Workers Compensation Programs National Steel & Shipbuilding Company, Respondents. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Joshua T. Gillelan II, Longshore Claimant's National Law Center, Washington, D.C. (argued), and Erica A. Dupree, for the petitioner.
Roy D. Alexrod, Law Offices of Roy Alexrod, Solana Beach, CA, (argued) for the respondent.
On Petition for Review of an Order of the Benefits Review Board. BRB No. 05-0419.
Before: HARRY PREGERSON and N. RANDY SMITH, Circuit Judges, and RANER C. COLLINS,* District Judge.
Jose Pedroza ("Pedroza"), an employee of National Steel and Shipbuilding Company ("National Steel"), petitions this court to review the determination of the Benefits Review Board ("BRB or Board") that claimant Pedroza is not entitled to benefits under the Longshore and Harbor Worker's Compensation Act ("Longshore Act or LHWCA"), 33 U.S.C. § 901 et. seq., because his psychological injuries were caused by National Steel's legitimate, adverse personnel decisions. We have jurisdiction to review a final order of the BRB. 33 U.S.C. § 921(c).
Both parties agree that substantial evidence supports the findings of the Administrative Law Judge ("ALJ") and BRB that Pedroza's psychological injuries were a result of legitimate personnel actions. This leaves this court with one question: Are psychological injuries that result from legitimate personnel actions compensable under the Longshore Act? We answer this question in the negative, therefore affirming the BRB in this decision and in Marino v. Navy Exchange Service, 20 B.R.B.S. 166 (1988), and Sewell v. Noncommissioned Officers Open Mess, 32 B.R.B.S. 134 (1998).
Pedroza was involved in an accident, as a load handler at the Naval Base in San Diego, California, loading and unloading materials from the USS Boxer on August 24, 1999. While Pedroza was unloading the USS Boxer, he struck a 440 volt cable line. This caused an explosion. After the accident, Pedroza did not seek medical attention. Though he now claims that he suffered anxiety after the accident, Pedroza never told his co-workers or supervisors about it.
A year after the accident, National Steel's Transportation Department Manager, Brian Mathiasan, wrote a letter to Pedroza about the accident. The letter informed Pedroza that the August 24, 1999 accident was caused by his negligence. After reading the letter, Pedroza sought medical attention at National Steel's dispensary and Kaiser Permanente.
Pedroza wrote a letter to refute Mathiasan's assessment. In his letter, Pedroza apologized for the accident and waged a complaint against National Steel for their disregard of his health and well being after twenty-five years of service. Pedroza also asserted he was unfairly treated by National Steel for their failure to write a similar letter to the rigger who accompanied him during the accident.
On January 24, 2000, Pedroza had a meeting with his supervisors to discuss job safety. At this meeting, Pedroza informed his Union Safety Supervisor that his immediate supervisor's actions adversely affected his ability to perform his job. During the meeting, Mathiasan informed Pedroza about ways in which he could improve his work performance. Mathiasan also issued a verbal warning to Pedroza, that if he was unable to improve his performance, he would be demoted.
After the meeting, Pedroza's performance improved for a short period of time. On July 14, 2000, Mathiasan met with Pedroza to discuss his job performance. At this meeting, Mathiasan gave Pedroza four memos from his supervisors regarding his poor work ethic. After the meeting, Pedroza went on leave from work for three months.
While on leave, Pedroza sought medical attention for his psychological problems. When Pedroza returned to work, he was demoted because of his poor work performance and failure to fill out the proper safety forms after the 1999 accident. National Steel felt that someone with Pedroza's lengthy service record was better served by being demoted than by being fired.
A month later, Pedroza's doctor placed him on medical leave for five months. While on medical leave, Pedroza filed a workers' compensation claim for psychological injuries caused by his stressful working conditions.
During the ALJ hearing, Pedroza provided medical evidence to demonstrate that his disability was caused by his workplace. Dr. Bayardo, an occupational psychiatrist, found that Pedroza's psychiatric condition and disability was predominately related to his workplace. Dr. Bayardo diagnosed Pedroza with chronic, mild post traumatic stress disorder as a result of the 1999 accident. National Steel refuted Dr. Bayardo's findings by providing three psychiatrists' evaluations of Pedroza.1 Each of the psychiatrists reported Pedroza's depression was a result of National Steel's disciplinary action and reprimands.
The ALJ denied Pedroza's workers' compensation claim, because the medical evidence provided by both parties supports National Steel's contention that Pedroza's disability was a result of the July 2000 disciplinary action and not the August 1999 accident. The ALJ relied on Marino to deny Pedroza's claim. 20 B.R.B.S. 166 (1988) ().
On appeal, Pedroza contended that (1) the ALJ erred in failing to address whether the claimant's condition was caused by prolonged and cumulative stress at the workplace and (2) the ALJ erred in finding that Pedroza's depression and anxiety were a result of the reprimands and demotion. The Board agreed with Pedroza and held the ALJ erred by failing to take into account the general working conditions that could have led to Pedroza's psychological injuries. The BRB relied on Marino and Sewell. Sewell, 32 B.R.B.S. 127 (1997) (). As a result of applying Marino and Sewell, the BRB ordered the ALJ to determine whether the claimant's daily work environment, such as daily interactions with his supervisor, triggered his psychological injuries.2
National Steel filed a motion for reconsideration en banc. Hearing this case en banc, the Board denied the motion for reconsideration. The Board directed the ALJ to determine if Pedroza's injuries were caused by the employer's personnel actions or general working conditions.
On remand, Pedroza presented a prima facie case that his injuries were due in part to "general working conditions." However, the ALJ denied his claim, because National Steel was able to rebut Pedroza's claim by providing substantial, comprehensive, and negative evidence that Pedroza's psycho logical injuries were due solely to legitimate personnel actions and not compensable.
On appeal, Pedroza contended that (1) the BRB lacked the authority to create policy, such as the Marino doctrine and (2) the Board's action established a class of exemptions that frustrated congressional intent to hold employer's strictly liable for injuries to their employees. The Board rejected Pedroza's arguments. The BRB held legitimate personnel actions, such as the reduction in force in Marino, do not constitute general working conditions. The Board articulated that § 921(b) of the Longshore Act gives the Board and courts the authority to decide questions of law or fact raised in appeals. Implicit in the statutory authorization is the ability to determine what type of events constitute working conditions.
We review a Benefits Review Board's decision for errors of law and adherence to the substantial evidence standard. Taylor v. Dir., OWCP, 201 F.3d 1234, 1238 (9th Cir.2000).
We review the Benefits Review Board's interpretation of the Longshore Act de novo, because it is a question of law. General Construction Co. v. Castro, 401 F.3d 963, 965 (9th Cir.2005). The BRB is not a policymaking body and its construction of the Longshore Act is not entitled to special deference. Peru v. Sharpshooter Spectrum Venture, LLC, 493 F.3d 1058, 1061 (9th Cir.2007) (quoting M. Cutter Co. v. Carroll, 458 F.3d 991, 993 (9th Cir.2006)) (internal quotation marks omitted). We must, however, respect the Board's interpretation of the Longshore Act, when such interpretation is reasonable and reflects the underlying statute. McDonald v. Dir., OWCP, 897 F.2d 1510, 1512 (9th Cir.1990).
We here determine whether psychological injuries caused by legitimate personnel decisions are compensable under the Longshore Act. We have not previously addressed this question nor has the Secretary of Labor. Thus, we begin our analysis with the plain meaning and legislative history of the relevant portions of the Longshore Act.
The Longshore Act was enacted to create a federal workers' compensation statute for longshoremen and harbor workers, after the Supreme Court held that state workers' compensation statutes constitutionally could not apply to injured maritime workers. See generally Nogueira v. New York, N.H. & H.R. Co., 281 U.S. 128, 50 S.Ct. 303, 74 L.Ed. 754 (1930). To be entitled to benefits under the Act, a claimant must have sustained an injury within the meaning of the Act. 33 U.S.C. § 903(a)(providing that "[c]ompensation shall be payable under this Act in respect of disability ... of an employee, but only if the disability ... results from an injury."). Section 2(2) of the Act provides that:
The term "injury" means accidental injury or...
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...33 U.S.C. § 921(c). We review the BRB's decisions for errors of law and adherence to the substantial evidence standard. Pedroza v. BRB, 583 F.3d 1139, 1143 (9th Cir.2009). The BRB's decisions on questions of law are reviewed de novo. M. Cutter Co. v. Carroll, 458 F.3d 991, 993 (9th Cir.2006......
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