Disability Pay Must Depend On Time Of Award: 11th Circ.

Law360, New York (October 27, 2011, 8:12 PM EDT) -- The Eleventh Circuit on Thursday ruled disability payments should be calculated using the average wage rate in effect when compensation was awarded — rather than when the employee was injured — overturning a lower court's decision in a mechanic's compensation suit against DynCorp International LLC and its insurer.

The three-judge panel ruled that under the Longshore & Harbor Workers’ Compensation Act, helicopter mechanic Bernard Boroski should have been paid at the rate in effect when he was awarded compensation in 2008, rather than when he became...
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