Heath v. Gulf Island Fabrication, Inc.
2:24-cv-02939
E.D. La.Apr 14, 2025Background
- Plaintiff Jimmy Heath was injured on January 11, 2017, while working as a shipfitter supervisor for Defendants Gulf Island Fabrication, Inc. (GIF) and Gulf South Risk Services, Inc. (GSRS).
- Plaintiff received workers’ compensation for shoulder and biceps injuries but claimed an additional traumatic brain injury (TBI).
- An Administrative Law Judge (ALJ) found for the Plaintiff, awarding permanent partial disability benefits and ordering the District Director to finalize the compensation calculations.
- The Defendants appealed the ALJ’s August 2, 2024, order; while the appeal was pending, they failed to timely pay backpay, resulting in a supplemental compensation order for penalties.
- Plaintiff sued in federal district court to enforce both the ALJ’s compensation order and the District Director’s supplemental penalty order under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to enforce ALJ’s August 2, 2024 compensation order while appeal is pending | Heath claims the district court can enforce because the order directed immediate payment | Defendants contend enforcement is improper while the order is appealed to the Benefits Review Board | Court lacks jurisdiction to enforce the ALJ order during appeal; enforcement is premature |
| Jurisdiction to enforce District Director’s December 3, 2024 supplemental compensation (penalty) order | Heath argues the penalty for late payment is immediately enforceable in district court | Defendants argue the underlying order wasn’t final due to alleged calculation errors (Richardson adjustment) | Court can enforce the penalty order; calculation disputes are for administrative review, not enforcement proceeding |
| Effect of failure to apply Richardson adjustment in payment calculation | No direct argument noted | Contend District Director failed to follow ALJ instructions, so penalty is unlawful | Disagreed; substantive calculation disputes not for enforcement review |
| Allegedly deficient weekly payments of continuing benefits | Heath claims Defendants underpaid the weekly benefit | Contend this is not before the court or is affected by the pending appeal | Court cannot enforce until appeal complete; further penalties possible in future supplemental orders |
Key Cases Cited
- Lazarus v. Chevron U.S.A., Inc., 958 F.2d 1297 (5th Cir. 1992) (district court may not enforce compensation order while appeal is pending)
- Abbott v. Louisiana Ins. Guaranty Ass’n, 889 F.2d 626 (5th Cir. 1989) (enforcement of section 14(f) penalty orders permitted even if underlying award is on appeal)
- Lauzon v. Strachan Shipping Co., 782 F.2d 1217 (5th Cir. 1985) (section 14(f) penalty is self-executing and admits no equitable exceptions)
- Keen v. Exxon Corp., 35 F.3d 226 (5th Cir. 1994) (compensation order not final until District Director files necessary calculations)
- Tidelands Marine Serv. v. Patterson, 719 F.2d 126 (5th Cir. 1983) (LHWCA intended for quick enforcement of unpaid awards)
- Henry v. Gentry Plumbing & Heating Co., 704 F.2d 863 (5th Cir. 1983) (district court enforcement scope limited to lawfulness of supplemental orders)