Workers’ Compensation · Primary-source case analysis

Rambo II: A Nominal Longshore Award Can Preserve Relief for Likely Future Wage Loss

By Aneeta Mishra and Timothy Chan

Published August 27, 2026

Metropolitan Stevedore Co. v. Rambo, commonly called Rambo II, addressed a longshore worker who earned more after his injury but sought a nominal award because physical limitations threatened his future earning capacity.

Disability is an economic concept under the Longshore Act

The statute focuses on lost wage-earning capacity, not physical injury alone. Current post-injury earnings are relevant but may not fully capture the injury’s long-term economic effect.

A future loss must be more than speculative

A nominal award requires proof of a significant possibility that the injury will cause reduced earning capacity in the future. A bare theoretical risk is insufficient.

Nominal compensation preserves the modification mechanism

The Act permits modification when economic conditions change. A present nominal award can keep that statutory path available if the anticipated injury-related loss later materializes.

The factfinder must assess the labor-market record

Medical restrictions, occupational skills, job stability, wage history, and realistic future employment conditions bear on whether the required significant possibility exists.

Key takeaways

• Separate present wages from durable earning capacity.
• Develop medical and vocational evidence of future risk.
• Show why the possibility of loss is significant rather than conjectural.
• Track modification deadlines and changed economic circumstances.