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Home / Decisions / United States Court of Appeals for the Ninth Circuit / MCQUIGG V. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, ET AL.
9th Cir.

MCQUIGG V. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, ET AL.

MCQUIGG V. DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, ET AL.

June 23, 2026 ·25-1040 ·Unpublished · By Raj Patel

The United States Court of Appeals for the Ninth Circuit denied a petition for review regarding a Longshore and Harbor Workers' Compensation Act disability claim. The court affirmed the Benefits Review Board's order finding the petitioner permanently partially disabled rather than permanently totally disabled.

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Key takeaways

  • Holding: The court denied the petition for review and affirmed the determination that the petitioner was permanently partially disabled.
  • Standard: Substantial evidence standard
  • Vote: The panel unanimously concluded the case was suitable for decision without oral argument.
  • Practical effect: The decision reinforces that claimants must actively seek employment to rebut an employer's evidence of available work and clarifies that employers may meet their burden by showing generally available similar work even if only one specific position is identified.

Background

Jacqueline McQuigg petitioned for review of an order by the Benefits Review Board, which had affirmed an administrative law judge’s determination that she was permanently partially disabled from August nineteen, twenty nineteen, onward under the Longshore and Harbor Workers’ Compensation Act. McQuigg argued she should be classified as permanently totally disabled and challenged the employer’s demonstration of suitable alternate employment.

The court’s reasoning

The court found the administrative law judge applied the correct legal standard. The judge assessed whether the Marine Corps established that suitable alternate employment was available in the claimant’s labor market. The court noted that McQuigg failed to seek employment and therefore did not refute the employer’s demonstration. Regarding the number of positions, the court held that identifying two specific job opportunities with evidence of similar work generally available satisfied the requirement. The court declined to evaluate whether a single position would suffice or to formulate a new standard.

What it means going forward

The decision reinforces that claimants must actively seek employment to rebut an employer’s evidence of available work and clarifies that employers may meet their burden by showing generally available similar work even if only one specific position is identified.

Civil Social Security

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