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ROBERTS v. SEA-LAND SERVICES, INC.

No. 10-1399.

132 S.Ct. 1350 (2012)

182 L.Ed.2d 341

Dana ROBERTS, Petitioner v. SEA-LAND SERVICES, INC., et al.

Supreme Court of United States.

Decided March 20, 2012.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II , Washington, DC, for petitioner.

Joseph R. Palmore , Washington, DC, for federal respondent.

Peter D. Keisler , Washington, DC, for private respondent.

Frank B. Hugg , Oakland, CA, Carter G. Phillips , Peter D. Keisler , Eric D. McArthur , Joshua J. Fougere , Sidley Austin LLP, Washington, DC, for Respondent Sea-Land Services, Inc.

M. Patricia Smith , Solicitor of Labor, Rae Ellen Frank James , Associate Solicitor, Sean G. Bajkowski , Mark A. Reinhalter , Counsel, Matthew W. Boyle , Attorney, Department of Labor, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Edwin S. Kneedler , Deputy Solicitor General, Joseph R. Palmore , Assistant to the Solicitor General, Department of Justice, Washington, DC, for Federal Respondent.

Michael F. Pozzi , Renton, WA, Joshua T. Gillelan II , Counsel of Record, Washington, DC, for Petitioner Roberts.

Justice SOTOMAYOR delivered the opinion of the Court.

The Longshore and Harbor Workers' Compensation Act (LHWCA or Act), ch. 509, 44 Stat. 1424, as amended, 33 U.S.C. § 901 et seq., caps benefits for most types of disability at twice the national average weekly wage for the fiscal year in which an injured employee is "newly awarded compensation." § 906(c). We hold that an employee is "newly awarded compensation...

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