DEWEERT v. STEVEDORING SERVICES OF AMERICA

No. 00-71273.

272 F.3d 1241 (2001)

Arthur DEWEERT, Petitioner, v. STEVEDORING SERVICES OF AMERICA; Homeport Insurance Co.; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Submitted September 13, 2001.

Filed November 29, 2001.

As Amended on Denial of Rehearing and Rehearing January 14, 2002.


Attorney(s) appearing for the Case

Charles Robinowitz, Portland, Oregon, for the petitioner.

John Dudrey, Williams Fredrickson, LLC, Portland, Oregon, for the respondents.

Before: THOMPSON, TASHIMA, and GRABER, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc January 14, 2002.

GRABER, Circuit Judge:

Petitioner, Arthur DeWeert, filed a claim for benefits pursuant to the Longshore and Harbor Workers' Compensation Act (Act), 33 U.S.C. §§ 901-950. An administrative law judge (ALJ) found that Petitioner's post-injury wage-earning capacity exceeded his pre-injury average weekly wage and, accordingly, awarded him the nominal sum of $1 per week. The Benefits...

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