UPS AIRLINES v. West

I must respectfully dissent because the majority’s opinion invalidates the contractual intent of the parties and thereby denies West the benefit of his union’s bargain with UPS.

*477West, a pilot, earned an average weekly-wage of $2,377.14 prior to sustaining his work-related back injury in 2003. Thereafter, during the existence of his injury, he received $571.42 per week in workers’ compensation — an amount equivalent to only 24% of his average wage when working. However, under his Loss of License Benefit plan, negotiated between the Independent Pilots Association (IPA) and UPS, West was entitled…