PRICE v. STEVEDORING SERVICES OF AMERICA, INC.

No. 08-71719.

697 F.3d 820 (2012)

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

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 29, 2011.

Filed September 4, 2012.

Resubmitted August 27, 2012.


Attorney(s) appearing for the Case

Charles Robinowitz , Attorney, Portland, OR, for the petitioner Arel Price.

Russell A. Metz , Attorney, Metz & Assocs. P.S., Seattle, WA, John Randall Dudrey , Attorney, Williams Fredrickson, LLC, Portland, OR, Matthew W. Boyle and Mark A. Reinhalter , Counsel, LABR-U.S. Dep't of Labor, Office of the Solicitor, Washington, DC, for the respondents Stevedoring Services of America, Inc., et al.

Opinion by Judge BERZON; Dissent by Judge O'SCANNLAIN.


OPINION

BERZON, Circuit Judge:

We consider whether a claimant under the Longshore and Harbor Workers' Compensation Act ("LHWCA," "Longshore Act," or "Act"), 33 U.S.C. § 901 et seq., (1) is entitled to the maximum compensation rate from the fiscal year in which he becomes disabled or from the fiscal year in which he receives a formal compensation award; (2) receives interest on past due compensation at the rate defined in 28 U.S.C. § 1961 instead...

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