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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-820
- --------
- METROPOLITAN STEVEDORE COMPANY, PETI-
- TIONER v. JOHN RAMBO et al.
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [June 12, 1995]
-
- Justice Stevens, dissenting.
- The statutory provision that the Court construes today
- was enacted in 1927. Although one 1985 case reached
- the result the Court adopts today, Fleetwood v. Newport
- News Shipbuilding & Dry Dock Co., 776 F. 2d 1225
- (CA4), over 60 years of otherwise consistent precedent
- accords with respondent's interpretation of the Act. For
- the reasons stated by Judge Warriner in his dissent in
- Fleetwood, I would not change this settled view of the
- law without an appropriate directive from Congress.
- Judge Warriner correctly observed:
- -Beginning with the first opinion dealing with the
- question, handed down in 1933, and continuing
- without wavering thereafter, the courts have uni-
- formly interpreted the term `change in conditions' in
- Section 22 of the Longshoremen's and Harbor
- Workers' Compensation Act (LHWCA), 33 U. S. C.
- 922 (1982), to refer exclusively to a change in the
- physical condition of the employee receiving compen-
- sation. This also was `the meaning generally
- attributed to similar phraseology in state workman's
- compensation acts' in existence before or shortly
- after the enactment of the LHWCA in 1927. See
- Atlantic Coast Shipping Co. v. Golubiewski, 9
- F. Supp. 315, 317 (D.Md. 1934).
- -The majority's nice effort to distinguish this prior
- case law serves only to highlight the numerous and
- varied factual situations in which the federal courts
- have withstood temptation and have strictly adhered
- to this interpretation. In McCormick Steamship Co.
- v. United States Employees' Compensation Commis-
- sion, 64 F. 2d 84 (9th Cir. 1933), for example, the
- Court refused to allow the modification of a compen-
- sation order under Section 22 where the employee's
- earnings were diminished as a result of deteriorat-
- ing economic conditions. Id., at 85. Conversely, the
- fact that an employee received higher wages because
- of better economic conditions in the 1940's was held
- not to constitute a `change in conditions' so as to
- allow a reduction in the employee's compensation
- award. Burley Welding Works v. Lawson, 141 F. 2d
- 964, 966 (5th Cir. 1944). The courts have refused to
- find a `change in conditions' where the employee was
- imprisoned in a penitentiary for life, Atlantic Coast
- Shipping Co. v. Golubiewski, 9 F. Supp. at 316-19,
- or where the employee was committed to an insane
- asylum. Bay Ridge Operating Co. v. Lowe, 14
- F. Supp. 280, 280-82 (S.D.N.Y. 1936).
- -In every one of these cases, decided soon after
- the effective date of the Act, the respective courts
- explicitly stated and held that the term `change in
- conditions' in Section 22 refers to the physical
- condition of the employee receiving compensation.
- In a more recent case, General Dynamics, Inc. v.
- Director, Office of Workers' Compensation Programs,
- 673 F. 2d 23 (1st Cir. 1982), the court reiterated
- this interpretation: `[c]ourts uniformly have held a
- -change in conditions- means a change in the
- employee's physical condition, not other conditions.'
- Id., at 25[, n. 6] (citing Burley Welding Works, Inc.
- v. Lawson, 141 F. 2d at 966).
- -Despite fifty years, and more, of precedent, the
- majority has overturned this established construction
- of the term `change in conditions' and has revised it
- to have it apply to changes in economic conditions
- occurring during the term of compensation. Such a
- departure from settled prior case law is not war-
- ranted absent any indication from the Congress that
- such a change in the statute is what is desired by
- the lawmakers. Congress, it should not be neces-
- sary to add, indicates its desires by adopting
- legislation.
- . . . . .
- -Fifty years is a long time. And perhaps it can be
- argued that the Board's, and the courts', and the
- Congress' erstwhile interpretation of the phrase was
- inhumane, or unenlightened, or an anachronism, or
- something else even more disparaging. But it
- cannot be argued, I submit, that the prior interpre-
- tation was not and is not the law.- Id., at
- 1235-1236 (footnotes omitted).
- For those reasons, I would affirm the judgment of the
- Court of Appeals. Accordingly, I respectfully dissent.
-