8:30 – 9:45 am

Grand Ballroom 8A
Convention Level

This panel will discuss two of the most oft-debated issues in Longshore and DBA claims: average weekly wage and loss of wage earning capacity. An employee’s average weekly wage and loss of wage earning capacity defines in significant part the value of their claim. Our practitioners will address the nuances of AWW calculations, such as identifying a fair and reasonable annual earning capacity; the effect of recent cases from the Fourth Circuit, Ninth Circuit, and Benefits Review Board on earning capacity determinations; the arguments for and against applying a blended rate; the use of wage records from a similarly situated employee to define earning capacity; the effect of actual post-injury employment on a Section 8(h) wage earning capacity determination; the scope of a labor market survey; and the factual scenarios where a global labor market survey is or is not appropriate.

Amanda K. Smith
Sheehy Ware Pappas
Houston, TX

Nancy Favaloro, MS, CRC, CCM, LRC
Seyler Favaloro, Ltd.
New Orleans, LA

Scott Bloch
Law Offices of Scott J. Bloch, PA
Washington, DC


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