JOHNSTON v. DIRECTOR

No. 01-70201.

280 F.3d 1272 (2002)

Parker JOHNSTON, Petitioner, v. DIRECTOR, Office of Workers Compensation Programs; Matson Terminals, Inc., Self-Insured Employer, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2002.


Attorney(s) appearing for the Case

Mary Alice Theiler, Theiler, Douglas, Drachler & McKee, LLP, Seattle, WA, for the petitioner.

John P. Hayes (argued) and Brent T. Caldwell, Forsberg & Umlauf, P.S., Seattle, WA, for the respondents.

Before: B. FLETCHER, McKEOWN, and TALLMAN, Circuit Judges.


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...

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