lhwca

The Board directed that, on remand, the ALJ determine whether the employee is able to perform his usual work. If the employee is unable to perform his usual work, the Board directed that the employee is entitled to total disability benefits since employer has offered no evidence of suitable alternative employment. The District of Columbia…

Although the Board noted that this remedy is not explicitly provided for in the LHWCA, it comports with the fundamental policies underlying the statute and its humanitarian purposes. Furthermore, the LHWCA and regulations do provide for the Department of Labor to direct the vocational rehabilitation of permanently disabled employees. Sporadic post-injury work also does not…