Price

Stevedoring Services of America v. Price

Good Law
366 F.3d 1045·2004 WL 1048327
United States Court of Appeals for the Ninth CircuitMay 11, 2004Nos. 02-71207, 02-71578California5,758 words

Opinion

Lead Opinion

Fisher, J.

This case requires us to decide the proper method for calculating an injured employee’s average annual earnings under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq. (2001), and to what extent the LHWCA limits an employee’s total disability compensation from multiple awards when the employee has received a permanent partial disability award and a subsequent permanent total disability award. We adhere to our holding in Matulic v. Director, OWCP, 154 F.3d 1052, 1058 (9th Cir.1998), that calculating an employee’s average annual earnings under 33 U.S.C. § 910 (a) does not excessively overcompensate him when he has worked more than 75 percent of the workdays in the year preceding his injury. Furthermore, we hold that when an increase in an employee’s average weekly wage between the time of a prior permanent partial disability and subsequent permanent total disability is not caused by a change in his wage-earning capacity, permitting him to retain the full amount of both awards does not result in any “double dipping.” We also hold that 33 U.S.C. § 906 (b)(1) delineates the maximum compensation that an employee may receive from each disability award,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.