United States Ninth Circuit
Rhine v. Stevedoring Servs. of Am., 08-73370
In a petition for review of a decision of the Benefits Review Board under 33 U.S.C. section 921(c) of the Longshore and Harbor Workers' Compensation Act, the petition is denied where: 1) a reasonable mind could have concluded that the Pacific Maritime Association Average adequately represented petitioner's annual earning capacity; and 2) the availability of alternative employment was determined by reference to two criteria: the claimant's physical abilities and the economic availability of particular jobs in the market.
Appellate Information
- Decided 03/05/2010
- Published 03/05/2010
Judges
Court
- United States Ninth Circuit