Legal Opinion

Boroski v. Dyncorp International

Court of Appeals for the Eleventh Circuit

Decided October 27, 2011No. 11-10033PublishedCited by 2 opinions

1Opinion of the Court

HOPKINS, District Judge:

This is a case of statutory construction. The question presented by this appeal under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA” or the “Act”), as amended, 33 U.S.C. §§ 901-950 (2006), is which date — the date on which disability occurred, or the date on which the injured employee was awarded benefits for such disability — determines the maximum weekly rate of compensation for a permanently totally disabled employee who is “newly awarded compensation.” Applying long-standing principles of statutory construction, we find that the maximum weekly rate…

2Cases cited36 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Astrue v. RatliffSupreme Court of the United States · 2010
  4. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  5. United States v. Mead Corp.Supreme Court of the United States · 2001

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3Cited by2 opinions

  1. Bernard D. Boroski v. Dyncorp InternationalCourt of Appeals for the Eleventh Circuit · 2012
  2. Boroski v. DynCorp Intern.Court of Appeals for the Eleventh Circuit · 2011

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