United States Ninth Circuit

In a petition for review of an Office of Workers Compensation Programs' order partially granting petitioner's request for benefits under the Longshore and Harbor Workers’ Compensation Act, the petition is granted in part where the ALJ erred by applying the national average weekly wage with respect to fiscal year 2002, rather than fiscal year 2005, in calculating the applicable maximum rate. However, the petition is denied in part where, because petitioner became newly entitled to compensation in fiscal year 2002, the ALJ properly applied the 2002 fiscal year maximum to his compensation for temporary total disability and permanent partial disability.

Appellate Information

• Decided 11/10/2010
• Published 11/10/2010

Judges

• Per Curiam

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joshua T. Gillelan II, Frank B. Hugg