Morrison-Knudsen Construction Co. v. Director, Office of Workers' Compensation Programs

On April 19, 1974, James H. Hilyer was run over by a cement truck while working for petitioner Morrison-Knudsen Construction Co. The dispute in this case concerns the calculation of the level of death benefits that should be paid to his widow and their two children. The appropriate level of benefits depends on the meaning of the term “wages” under §2(13) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U. S. C. §902(13). The Court of Appeals held that “wages” include employer contributions to union trust funds for health and welfare, pensions, and training.1 Because I agree with…