United States Ninth Circuit

Under the Longshore and Harbor Workers Compensation Act, scheduled wage increases given by a non-union employer to all employees in a certain class based solely upon seniority were a general increase in wages and did not increase a claimant's wage-earning capacity, and therefore, should not be calculated into petitioner's wage-earning capacity for the purposes of calculating disability benefits.

Appellate Information

• Decided 09/20/2013
• Published 09/20/2013

Judges

• HURWITZ

Court

• United States Ninth Circuit

Counsel