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Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs, 506 U.S. 153, 15 (1993)

Legal Research Home > United States Supreme Court > 506 U.S. > Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs, 506 U.S. 153, 15 (1993)

Cite as: 506 U. S. 153 (1993)

Opinion of the Court

compensated pursuant to § 8(c)(13) of the LHWCA, not § 8(c)(23).¹⁶

The judgment of the Court of Appeals, accordingly, is affirmed.

It is so ordered.

167

¹⁶ In so holding, we reject respondent employee's arguments in support of the Board's hybrid approach. There is simply no basis in the statute for combining the compensation provisions applicable for retirees suffering from latent occupational diseases with those governing claimants with scheduled injuries. We note that even the Board has now receded from that interpretation of the Act. See Harms v. Stevedoring Services of America, 25 BRBS 375, 382 (1992) ("Where claimant is a retiree and Section 10(i) applies, the plain language of the statute renders the provisions of Section[s] 8(c)(1)-(22), including Section 8(c)(13), inapplicable").

Last modified: October 4, 2007