Rutstein v. United States

How later courts describe this case

• noting that the definition of materiality is the same whether misrepresentations or omissions are involved
• upholding BRB finding that worker was not injured for purposes of the LHWCA statute of limitations until "he became aware of the full character, extent, and impact of the harm done to him."
• ALJ did not err in measuring earning capacity in relation to the open market
• ALT did not err in measuring earning capacity in relation to the open market
• manifestation of disease triggered statute of limitations for purposes of LHWCA
• upholding the Board’s application of Stancil
• discussing one year statute of limitations