Rebecca Stillman and Christian Rivera Santos Secure Defense Base Act Appellate Win

Firm News

Congratulations to Rebecca Stillman and Christian Rivera Santos on their Defense Base Act appellate victory at the Benefits Review Board! The original decision in our client's favor was affirmed.

The Administrative Law Judge's key finding was upheld: he properly exercised his discretion to give greater weight to the more thorough, objective medical opinion of Dr. Morote. Her evaluation—which included extensive clinical interviews and multiple validated diagnostic tests (TSI-2, MMPI-2, IOP)—provided substantial evidence that the claimant's psychological injury claims were not supported.

The Benefits Review Board also upheld the Administrative Law Judge's finding that the claimant failed to meet the 20(a) presumption under Rose v. Vectrus Systems Corp., 56 BRBS 27. Specifically, the Board found the claimant failed to produce evidence that there were working conditions which could have existed that caused the claimant's alleged psychological condition and the claimant's medical providers likewise failed to link his alleged injury to his employment in Jordan.

The Board rightly declined to reweigh the evidence, reinforcing that a rational decision based on the record as a whole must stand.

This win underscores our commitment to defending rational, evidence-based decisions for our clients through every stage of litigation.

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