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- Roberts v. Sea-Land Services, Inc., No. 10-1399 (U.S. Mar. 20, 2012) PDF | HTM
Resolving a circuit split, the Court held that “an employee is ‘newly awarded compensation’ when he first becomes disabled and thereby becomes statutorily entitled to benefits, no matter whether, or when, a compensation order issues on his behalf.” The Court affirmed the Ninth Circuit, which had upheld the BRB and the ALJ’s decision holding the same.
The relevant date for determining the maximum benefits rate is therefore the date of disability, not the date of the ALJ’s decision. - Responsible Employer Determination in Cases Involving Multiple Traumatic Injuries: Seeking Analytical Clarity (Feb. 2012)
- Reasonable Hourly Rate Determination: Overview of Recent Decisions (Mar. 2011)
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