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STEVEDORING SERVICES OF AMERICA v. PRICE

Nos. 02-71207, 02-71578.

366 F.3d 1045 (2004)

STEVEDORING SERVICES OF AMERICA; Homeport Insurance Co., Petitioners, v. Arel PRICE; Eagle Pacific Insurance Company; Director, Office of Workers Compensation Programs, Respondents. Arel Price, Petitioner, v. Stevedoring Services of America; Homeport Insurance Co.; Eagle Pacific Insurance Company; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2004.

Attorney(s) appearing for the Case

John Dudrey, Williams Fredrickson, LLC, Portland, OR, for the petitioners and cross-respondents Stevedoring Services of America and Homeport Insurance Company.

Charles Robinowitz, Portland, OR, for the respondent and cross-petitioner Arel Price.

Russell A. Metz, Metz & Associates, P.S., Seattle, WA, for the respondents Stevedoring Services of America and Eagle Pacific Insurance Company.

Before TROTT, FISHER and GOULD, Circuit Judges.

FISHER, Circuit Judge:

This case requires us to decide the proper method for calculating an injured employee's average annual earnings under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq. (2001), and to what extent the LHWCA limits an employee's total disability compensation from multiple awards when the employee has received a permanent partial disability award and a subsequent permanent total disability award. We...

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