Price v. Stevedoring Services of America, Inc.

Opinion by Judge BERZON; Dissent by Judge O’SCANNLAIN.

OPINION

BERZON, Circuit Judge:

We consider whether a claimant under the Longshore and Harbor Workers’ Compensation Act (“LHWCA,” “Longshore Act,” or “Act”), 33 U.S.C. § 901 et seq., (1) is entitled to the maximum compensation rate from the fiscal year in which he becomes disabled or from the fiscal year in which he receives a formal compensation award; (2) receives interest on past due compensation at the rate defined in 28 U.S.C. § 1961 instead of the rate set forth in 26 U.S.C. § 6621;1 and, (3) if interest is to be awarded at the § 1961…