National Steel & Shipbuilding Co. And Fireman's Fund American Insurance Co. v. Emma J. (Evans) Bonner and U. S. Dept. Of Labor
Opinion
Opinion
Goodwin, J.
National Steel & Shipbuilding Co. appeals an award of disability benefits to its employee, Emma Bonner, under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq.
The Benefits Review Board of the Department of Labor (BRB) affirmed an administrative law judge’s determination that Bonner’s average weekly wages were $189.93. It also affirmed an assessment by the ALJ of 10 percent of the difference between the amount of benefits voluntarily paid to Bonner before the award and the amount of the award.
I.
Bonner, a pipefitter-helper for National Steel, injured her back while on the job on May 15, 1973. She left work the next day because of the injury, and has been unable to work since. Shortly after the injury, National Steel began paying Bonner disability benefits, at the rate of $118.94 per week. The Longshoremen’s and Harbor Workers’ Compensation Act sets the level of weekly benefits for temporary total disability, such as Bonner’s, at 66% percent of the average weekly wage of the employee. 33 U.S.C. § 908 (a)-(b). Thus, the early payments from National Steel were based on an average weekly wage of $178.41.