McNutt v. Benefits Review Board

Thomas W. McNutt is disabled. The issue we consider in this appeal is whether a $100 per diem paid to McNutt while working in Scotland should be included as wages in calculating his disability benefits under section 902(13) of the Longshore & Harbor Worker’s Compensation Act, (“LHWCA”), 33 U.S.C. §§ 901-950.

Both McNutt and his employer, Superior Marine Inc., appeal the decision of the Benefits Review Board’s affirmance of an Administrative Law Judge’s award of benefits under the LHWCA. The ALJ held that McNutt’s per diem was an “advantage” and therefore was includable as part of his average…