United States Ninth Circuit

Calculating an employee's average annual earnings under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. section 910(a), does not excessively overcompensate him when has worked more than 75 percent of the workdays in the year preceding his injury. 33 U.S.C. section 906(b)(1) delineates the maximum compensation that an employee may receive from each disability award, not from all awards combined.

Appellate Information

• Decided 05/11/2004
• Published 05/11/2004

Judges

• Before TROTT, FISHER and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John R. Dudrey, Esq., Williams, Fredrickson & Stark, P.C., Portland, OR, for Petitioners.


• For Appellees:
  
• Charles Robinowitz, Esq., Portland, OR, Russell A. Metz, Esq., Karen P. Staats, Esq., OWCP-Longshore and Harbor Workers' Programs District Director, Seattle, WA, Carol Dedeo, Associate Solicitor, United States Department of Labor, Thomas Shepard, Michael Niss, Office of Workers' Compensation Programs, Washington, DC, for Respondents.