B & D Contracting

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Summaries
Employment Law >
New Judicial Opinions

Fifth Circuit: Per Diem Payments Part of Wages Under Longshore Act

Petitioners B & D Contracting (“B&D”) and Zurich American Insurance Company (“Zurich”) petitioned the Fifth Circuit for review of the BRB’s order affirming an ALJ’s award of disability benefits to Pearley pursuant to the LHWCA, 33 U.S.C. §§ 901-950. The issue in this appeal was whether the ALJ and the…

Date of ruling:
11/6/2008

Commentaries
Employment Law

B&D Contracting: Per Diem Payments Are “Wages” for Benefits Calculations

In B&D Contracting v. Pearley, 548 F.3d 338 (5th Cir. 2008), the U.S. Court of Appeals for the Fifth Circuit agreed with the Benefits Review Board’s finding that per diem payments should qualify as “wages” for the purpose of calculating disability benefits under the Longshore and Harbor Workers’ Compensation Act.…

Posted:
01/30/2009