Legal Opinion · Dissent

Custom Ship Interiors v. Roberts

Court of Appeals for the Fourth Circuit

Decided August 15, 2002No. 01-1880Published

1DissentNiemeyer, Circuit Judge

Michael Roberts was injured while working as an employee for Custom Ship Interiors, a ship remodeling firm. At the time of his injury, Roberts was working on the remodeling of a Carnival Cruise ship. He filed a claim for disability benefits under the Longshore and Harbor Workers’ *516Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., and the Administrative Law Judge (“ALJ”) determined that Roberts was entitled to benefits.

Disability benefits under the LHWCA are calculated using the claimant’s average weekly wage as defined by the Act. See 33 U.S.C. § 902(13). In computing Roberts’ average…

2Cases cited3 opinions

  1. Universal Maritime Service Corporation v. Bernard N. Wright Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
  2. McNutt v. Benefits Review BoardCourt of Appeals for the Ninth Circuit · 1998
  3. H.B. Zachry Co. v. QuinonesCourt of Appeals for the Fifth Circuit · 2000

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