United States Ninth Circuit

In an appeal arising from decisions off-setting a claimant's workers' compensation benefits after her receipt of Social Security Disability Insurance benefits, dismissal of claimant's challenge to the decision and underlying calculations is affirmed where: 1) 42 U.S.C. section 424a(a) only sets a benefits ceiling of 80% of a worker's average current earnings, and does not set a benefits "floor" of 80%; 2) Montana law was not preempted by section 424a; and 3) there was no conflict between section 424a and the applicable state workers' compensation law.

Appellate Information

• Decided 03/27/2007
• Published 03/27/2007

Judges

• MILLS, District Judge:, Before: Fisher and Tallman, Circuit Judges, and Mills, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert C. Kelleher, Sr., Butte, MT, for the plaintiff-appellant.


• For Appellees:
  
• Charles G. Adams, Keller, Reynolds, Drake, Johnson, and Gillespie, P.C., Helena, MT, for the defendant-appellee.