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BOROSKI v. DYNCORP INTERN.

No. 11-10033.

662 F.3d 1197 (2011)

Bernard D. BOROSKI, Plaintiff-Appellant, v. DYNCORP INTERNATIONAL, Insurance Company of the State of Pennsylvania/AIG Worldsource, Director, Office of Workers' Compensation Programs, United States Department of Labor, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 16, 2011.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II , Law Office of Joshua T. Gillelan, II, Washington, DC, Paul M. Doolittle , Paul M. Doolittle, PA, Jacksonville, FL, for Plaintiff-Appellant.

Roger A. Levy , Laughlin, Falbo, Levy & Moresi, LLP, San Francisco, CA, William Rutherford Wicks, III , Seipp & Flick, PA, Miami, FL, Sean G. Bajkowski , Mark A. Reinhalter , Office of the Sol., Matthew W. Boyle , U.S. Dept. of Labor, Washington, DC, for Defendants-Appellees.

Before EDMONDSON and PRYOR, Circuit Judges, and HOPKINS, District Judge.

HOPKINS, District Judge:

This is a case of statutory construction. The question presented by this appeal under the Longshore and Harbor Workers' Compensation Act (the "LHWCA" or the "Act"), as amended, 33 U.S.C. §§ 901-950 (2006), is which date—the date on which disability occurred, or the date on which the injured employee was awarded benefits for such disability—determines the maximum weekly rate of compensation for a permanently totally...

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