Disability Pay Based On Date Of Injury, 11th Circ. Says

Law360, New York (October 30, 2012, 6:19 PM EDT) -- The Eleventh Circuit on Tuesday shot down a disabled worker’s bid to get around the U.S. Supreme Court’s recent decision that the cap on benefits under the Longshore and Harbor Workers Compensation Act should be calculated based on when workers become disabled, not when a compensation order is issued.

The appeals court rejected helicopter mechanic Bernard Boroski’s argument that, despite the ruling, DynCorp International LLC and its insurer still should have paid him at the higher rate that was in effect when he was actually given...
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