9th Circuit Clarifies AWW Calculation in Longshore Claim

In a case of first impression, the U.S. 9th Circuit Court of Appeals ruled that an injured man who worked more than 260 days in the year prior to his injury was still subject to having his benefits calculated under a formula that used 260 as a multiplier. Case: Martin v. Sundial Marine Tug & Barge Works Inc., No. 20-70147, 09/02/2021, published. Facts and procedural history: Rick Martin injured his knees while working for Sundial Marine Tug & Barge Works Inc. He filed a claim for disability and medical benefits under the Longshore and Harbor Workers’ Compensation Act. An ...