Kirkland v. Ingalls Shipbuilding ( 1997 )

UNITED STATES COURT OF APPEALS
for the Fifth Circuit
_____________________________________
No. 96-60786
Summary Calendar
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JOE S. KIRKLAND,
Petitioner,
VERSUS
INGALLS SHIPBUILDING, INC.,
DIRECTOR, OFFICE OF WORKERS'
COMPENSATION PROGRAMS
U.S. DEPARTMENT OF LABOR,
Respondents.
______________________________________________________
Petition for Review of Benefits Review Board
(94-3699)
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August 21, 1997
Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM:*
This is an appeal from an order denying benefits to claimant
under the Longshore & Harbor Workers' Compensation Act.
Petitioner Joe kirkland argues that the ALJ's finding that he
failed to establish that he sustained a disabling back injury is
not supported by substantial evidence. Petitioner submitted the
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
testimony of one physician who supported his claim that he
sustained a compensable back injury as a result of his work related
accident. However, a number of physicians testified to the
contrary and asserted that they found no evidence of any measurable
disability in the claimant's back that was related to his work
related accident; this testimony provides substantial evidence to
support the ALJ’s finding.
Petitioner also argues that ALJ erred in refusing to impose
liability against his employer for medical expenses he incurred in
consulting Dr. Jarrot, the only physician to diagnose him with a
compensable back injury. The petitioner neither sought nor
received authorization from his employer or the district director
to see Dr. Jarrot; as a result, the ALJ did not err in denying
petitioner recovery of these medical expenses under 33 U.S.C. §
907(b)1.
Because the ALJ's findings are supported by substantial
evidence, the order denying benefits is
AFFIRMED.
1
See also 20 C.F.R. § 702.406(a)(requiring the employee to
get the consent of his employer or the district director to change
physicians).
2