McNutt

Thomas W. McNutt is disabled. The issue we consider in this appeal is whether a $100 per diem paid to McNutt while working in Scotland should be included as wages in calculating his disability benefits under section 902(13) of the Longshore & Harbor Worker’s Compensation Act, (“LHWCA”), 33 U.S.C. §§ 901-950 .

Both McNutt and his employer, Superior Marine Inc., appeal the decision of the Benefits Review Board’s affirmance of an Administrative Law Judge’s award of benefits under the LHWCA. The ALJ held that McNutt’s per diem was an “advantage” and therefore was includable as part of his average weekly wage for purposes of calculating benefits under 33 U.S.C. § 902 (13). On appeal, McNutt contends the ALJ erred by not computing his per diem based on the amount that a comparable employee would have received for an entire 52-week period. Superi- or Marine Inc., in its appeal, argues that McNutt’s per diem should not have been included as “wages” in calculating benefits under the LHWCA. Both appeals turn on whether the per diem allowance should be included as “wages” for purposes of calculating benefits under 33 U.S.C. § 902 (13).

“The term ‘wages’ means the money rate at which the…