Supreme Court Hears Unalaska Workers' Comp Case

Wednesday, October 05 2011

The United States Supreme Court has agreed to hear a workers' compensation case that started in Unalaska. 

Longshoreman Dana Roberts slipped on the ice while working as a dispatcher for Sealand in 2002, injuring his back and shoulder.  

After being declared permanently disabled, he started receiving workers' compensation based on how much he was being paid when he was injured. Roberts argues that he should be getting paid based on 2007 wages, the year a lower court affirmed his disability.  

The case is highly technical and is not expected to have sweeping implications for workers' compensation.  But, if the Supreme Court rules in his favor, it would mean injured longshoremen and overseas government contractors would be entitled to receive pay even while their award is being disputed in court.  It would also mean workers whose compensation was never officially agreed upon, would be entitled to back-pay at contemporary rates.  

Both would give employers an incentive to agree on appropriate compensation more quickly.

 

Image courtesy of Sarah Franco



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