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Roberts v. Director, OWCP, No. 08-70268

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By FindLaw Staff on November 10, 2010 12:21 PM

Longshore and Harbor Workers' Compensation Act Matter

In Roberts v. Director, OWCP, No. 08-70268, a petition for review of an Office of Workers Compensation Programs' order partially granting petitioner's request for benefits under the Longshore and Harbor Workers' Compensation Act, the court granted the petition where the ALJ erred by applying the national average weekly wage with respect to fiscal year 2002, rather than fiscal year 2005, in calculating the applicable maximum rate.  However, the court denied the petition in part where because petitioner became newly entitled to compensation in fiscal year 2002, the ALJ properly applied the 2002 fiscal year maximum to his compensation for temporary total disability and permanent partial disability.


As the court wrote:  "The Longshore and Harbor Workers' Compensation Act ("LHWCA" or "Act"), 33 U.S.C. § 901 et seq., requires employers to compensate maritime employees for "disability or death [that] results from an injury occurring upon the navigable waters of the United States," id. § 903(a). Calculating the statutorily required rate of compensation for disability generally involves the following steps."

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