Trachsel

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed on December 30, 2009, is amended as follows: on slip Opinion page 16888, delete the word in the first sentence of the section with the title < CON CLUSION >.

The panel has unanimously voted to deny the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing en banc is therefore DENIED. No further petitions for rehearing will be accepted.

OPINION

David Trachsel (“Trachsel”) petitions this court for review of the administrative law judge’s (“ALJ”) compensation award under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). The LHWCA provides that Trachsel’s average daily wage, on which compensation is based, should be calculated by dividing his total annual salary in the year preceding his injury by the number of days he was employed in that year. 33 U.S.C. § 910 (a). The ALJ included unworked paid holidays in the number of days Trachsel was employed, which resulted in a lower award than Trachsel would have received had those days not…