United States Ninth Circuit

Where a longshoreman's post-injury "wage-earning capacity" exceeds his pre-injury "average weekly wages", he is not entitled to benefits under the Longshore and Harbor Workers' Compensation Act.

Appellate Information

• Argued 12/05/2001
• Decided 05/20/2002
• Published 05/20/2002

Judges

• Before LEAVY, T.G. NELSON, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert W. Nizich, San Pedro, CA, for petitioner Michael Sestich.


• For Appellees:
  
• William N. Brooks, II, Aleccia & Brooks, Long Beach, CA, for respondents Long Beach Container Terminal and Signal Mutual Indemnity Association., Carol DeDeo and Laura J. Stromski, U.S. Department of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Programs.