United States Ninth Circuit

Under section 8(c)(21) of the Longshore and Harbor Workers Compensation Act, where a claimant's actual wages have remained constant, his post-injury earnings should not be adjusted for inflation in order to be considered on equal footing with his wages at the time of injury.

Appellate Information

• Argued 11/08/2001
• Decided 02/22/2002
• Published 02/22/2002

Judges

• McKEOWN, Circuit Judge., Before: B. FLETCHER, McKEOWN, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mary Alice Theiler, Theiler, Douglas, Drachler & McKee, LLP, Seattle, WA, for the petitioner.


• For Appellees:
  
• John P. Hayes (argued) and Brent T. Caldwell, Forsberg & Umlauf, P.S., Seattle, WA, for the respondents.