Ceres Marine Terminals, Inc. v. Green
656 F.3d 235
4th Cir.2011Background
- Green, a longshoreman with 23 years' experience, claimed work-related binaural hearing loss under the LHWCA.
- Two audiograms, from Gillespie and Cohen, showed conflicting results (0% vs 3.75% binaural loss) and reliability concerns.
- ALJ found the audiograms equally probative and averaged them to award Green a 1.875% binaural loss and disability benefits.
- BRB affirmed the ALJ's use of averaging based on prior BRB and ALJ rulings.
- Court reverses both the ALJ and BRB, holds Greenwich Collieries governs burden of proof, and remands for attorney’s fees issue only; disability and hearing aids awards vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether averaging equally probative audiograms complies with Greenwich Collieries | Green | Ceres | No; averaging fails to meet the burden of proof when evidence is in equipoise. |
| Whether Greenwich Collieries applies to the LHWCA burden of proof | Green | Ceres | Yes; claimant must prove disability; if evidence is evenly balanced, benefits must be denied. |
| Whether the ALJ/BRB erred in awarding benefits and hearing aids based on conflicting tests | Green | Ceres | Reversed; benefits and hearing aids awards vacated; remand limited to attorney's fees. |
Key Cases Cited
- Greenwich Collieries v. Dir., OWCP, 512 U.S. 267 (Supreme Court, 1994) (burden of proof is persuasion; true doubt rule violates APA §7(c) when evidence is evenly balanced)
- Northrop Grumman Shipbuilding v. Kea, 361 F. App'x 519 (4th Cir., 2010) (unpublished; distinguishable from this case; evidence not in equipoise)