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PETITT v. SAUSE BROS.

No. 12-70740.

730 F.3d 1173 (2013)

Joseph PETITT, Petitioner, v. SAUSE BROTHERS; Seabright Insurance Company; Director, Office of Workers' Compensation Program, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2013.

Attorney(s) appearing for the Case

Charles Robinowitz (argued), Portland, OR, for Petitioner.

Norman Cole (argued), Sather, Byerly & Holloway, LLP, Portland, OR, for Respondents.

Before: ALFRED T. GOODWIN, STEPHEN REINHARDT, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

HURWITZ, Circuit Judge:

The question presented is whether, under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), scheduled wage increases unrelated to the merits of a worker's performance constitute an increase in the worker's wage-earning capacity or merely a general increase in wages. We hold that they are a general increase.

I.

Joseph Petitt injured his back in 2003 while earning $15 per hour as a welder for Sause...

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