Legal Opinion
Parker Johnston v. Director, Office of Workers Compensation Programs Matson Terminals, Inc., Self-Insured Employer
Court of Appeals for the Ninth Circuit
Decided February 22, 2002No. 01-70201PublishedCited by 2 opinions
1Opinion of the Court
McKEOWN, Circuit Judge.
This case requires us to interpret § 8(c)(21) of the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 901, et seq. Specifically, we consider whether, in a situation where actual wages have remained constant, a claimant’s post-injury earnings must be adjusted for inflation in order to be considered on equal footing with wages at the time of injury. Based on our reading of the statute, we hold that under such circumstances, the actual wages — without adjustment for inflation — “fairly and reasonably represent[the claimant’s] wage-earning capacity” as required by…
2Cases cited5 opinions
- Neal v. United StatesSupreme Court of the United States · 1996
- Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1995
- 96 Cal. Daily Op. Serv. 4297, 96 Daily Journal D.A.R. 6954 Charles Sproull v. Director, Office of Workers' Compensation Programs Stevedoring Services of America Eagle Pacific Insurance Company, Stevedoring Services of America Eagle Pacific Insurance Company v. Director, Office of Workers' Compensation Programs Charles SproullCourt of Appeals for the Ninth Circuit · 1996
- Arthur Deweert v. Stevedoring Services of America Homeport Insurance Co. Director, Officeof Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2002
- Marine Power & Equipment Industrial Indemnity Company v. Department of Labor Benefits Review Board Johnny QuanCourt of Appeals for the Ninth Circuit · 2000
3Cited by2 opinions
- Roberts v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Ninth Circuit · 2010
- Total Terminals International, LLC v. Director, Office of Worker's Compensation Programs, EtCourt of Appeals for the Ninth Circuit · 2024