Johnson v. Director, Office Of Workers Compensation Programs

911 F.2d 247 Margaret L. JOHNSON, Petitioner and Cross-Respondent, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS; Todd Pacific Shipyards Corporation; and Aetna Casualty and Surety Company, Respondents and Cross-Petitioners. Nos. 88-7223, 88-7245. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1989. Decided Aug. 13, 1990. Jeffery P. Robinson and Paul W. Whelan, Schroeter, Goldmark & Bender, Seattle, Wash., for petitioner/cross-respondent. Russell A. Metz and Charles E. Henshall, Witherspoon, Kelley, Davenport & Toole, Seattle, Wash., for respondents/cross-petitioners. Appeal from the Decision and Order of the Benefits Review Board. Before BROWNING, SCHROEDER and FLETCHER, Circuit Judges. SCHROEDER, Circuit Judge: 1 The novel issue in this longshore worker's disability case is whether the victim of a traumatic accident should be compensated at the average weekly wage rate as of the time of the accident, or as of the subsequent time when the disability attributable to the injury became manifest. We disagree with the Benefits Review Board and agree with the decision of the Administrative Law Judge that the date of the manifestation of the…