Facts

William Cannon filed suit against the United States of America in relation to an incident that occurred on November 25, 2013 onboard the USS Coronado, a combat ship constructed by his employer, Austal USA, LLC. After rulings on summary judgment, the only remaining defendant was the government. Cannon appealed the grant of summary judgment as to the government and the Ninth Circuit reversed. While his appeal before the Ninth Circuit was pending, Cannon pursued a claim before the Office of Administrative Law Judges of the United States Department of Labor against Austal and its insurance carrier for benefits under the Longshore and harbor Workers Compensation Act. The ALJ denied Cannon's claim and found Cannon's evidence was insufficient to meet his burden and establish it was more likely than not that he suffered a back injury while working for Austal on November 25, 2013.

PLAINTIFF'S CONTENTIONS: Cannon asserted a claim against the government for negligence under Section 905(b) of the Longshore and Harbor Workers Compensation Act. Cannon claimed he was lifting a ramp with three other men when he suffered his injury.

DEFENDANT'S CONTENTIONS: The government argued that issue preclusion barred Cannon's claims because the ALJ decided the LHWCA issue while Cannon's appeal was pending.

Result

The court granted the government's motion to dismiss. The court concluded that issue preclusion applied because the ALJ's determination considered the evidence Cannon hoped to use before this court, Cannon failed to prove it was more likely than not that he suffered an injury onboard the USS Coronado on November 25, 2013, and precluded Cannon from asserting any claim arising out of such an injury before this court.