United States Ninth Circuit

Under the Longshore and Harbor Worker's Compensation Act, 33 USC 910, in determining whether a applicant has lost earning capacity due to work injury, the "time of injury" is the date before the actual injury rather than when applicant was aware of a disability where the injury was not latent.

Appellate Information

• Decided 11/29/2001
• Published 11/29/2001

Judges

• GRABER, Circuit Judge:, Before:  THOMPSON, TASHIMA, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles Robinowitz, Portland, Oregon, for the petitioner.


• For Appellees:
  
• John Dudrey, Williams Fredrickson, LLC, Portland, Oregon, for the respondents.