LHWCA Awards for Multiple Disabilities

The U.S. Court of Appeals for the Ninth Circuit issued a decision on how awards under the Longshoremen and Harbor Workers’ Compensation Act (LHWCA) should be calculated in cases involving multiple disabilities. In the instant case, a longshoreman was injured in 1979 and awarded permanent partial disability. Following a subsequent injury, he was found to be entitled to permanent total disability. The court ruled that, since the two injuries were separate, neither award is entitled to an offset and the longshoreman may collect both awards. Stevedoring Services of America v. Price, No. 02-71207 (9th Cir.) (HK Law)