Court of Appeals for the Ninth Circuit February 22, 2002, 01-70201 (Parker Johnston v. Director, Office of Workers Compensation Programs Matson Terminals, Inc., Self-Insured Employer)

McKEOWN, Circuit Judge.

This case requires us to interpret § 8(c)(21) of the Longshore and Harbor Workers Compensation Act, 33 U.S.C. § 901,

et seq.

Specifically, we consider whether, in a situation where actual wages have remained constant, a claimant’s post-injury earnings must be adjusted for inflation in order to be considered on equal footing with wages at the time of injury.