Parker Johnston v. Director, Office of Workers Compensation Programs Matson Terminals, Inc., Self-Insured Employer

This case requires us to interpret § 8(c)(21) of the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 901 , et seq. Specifically, we consider whether, in a situation where actual wages have remained constant, a claimant’s post-injury earnings must be adjusted for inflation in order to be considered on equal footing with wages at the time of injury. Based on our reading of the statute, we hold that under such circumstances, the actual wages — without adjustment for inflation — “fairly and reasonably represent[the claimant’s] wage-earning capacity” as required by the Longshore Act. 33 U.S.C. § 908 (h). We agree with the Benefits Review Board that “the fact that the wages claimant earned in his post-injury job may not have kept pace with inflation is not due in any part to claimant’s injury.” We have jurisdiction pursuant to 28 U.S.C. § 2342 , and we deny Johnston’s petition for review of the Board’s decision.

BACKGROUND

The facts of this case are undisputed. Parker Johnston, a life-long longshoreman, suffered a work-related back injury in November of 1993. Up to that point, he had been working full time as a dock supervisor. In June 1995, Johnston returned to the same…