ROBERTS v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 08-70268.

625 F.3d 1204 (2010)

Dana ROBERTS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Sea-Land Services, Inc., Respondents, Kemper Insurance Companies, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed November 10, 2010.


Attorney(s) appearing for the Case

Joshua T. Gillelan II , Longshore Claimants' National Law Center, Washington, DC, argued the cause for the petitioner, and filed the briefs. Michael F. Pozzi , Renton, WA, was also on the briefs.

Frank B. Hugg , Oakland, CA, argued the cause for respondents Sea-Land Services, Inc. and Kemper Insurance Companies, and filed the brief.

Matthew W. Boyle , U.S. Department of Labor, Washington, DC, argued the cause for the Federal Respondent, Director, Officer of Workers' Compensation Programs, and filed the brief. Gregory F. Jacob , Rae Ellen James , and Mark A. Reinhalter , U.S. Department of Labor, Washington, DC, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and RONALD M. WHYTE, Senior District Judge.


OPINION

PER CURIAM:

We consider the maximum weekly rate that applies to an employee's compensation for disability under the Longshore and Harbor Workers' Compensation Act.

I

A

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...

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