Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs, 506 U.S. 153, 6 (1993)

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158

BATH IRON WORKS CORP. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

Opinion of the Court

in which "the average weekly wages are determined under section 910(d)(2)," that is, for retirees with claims involving "an occupational disease which does not immediately result in death or disability," 33 U. S. C. § 910(i), a new § 8(c)(23) provides that compensation shall be two-thirds of the applicable average weekly wage multiplied by the percentage of permanent impairment as determined by particular medical guides specified in the statute, 33 U. S. C. § 908(c)(23). The claimant is entitled to such benefits for the duration of the impairment. Ibid.8

8 Piecing all these various provisions together, § 8(c), 33 U. S. C. § 908(c), provides:

"Permanent partial disability: In case of disability partial in character but permanent in quality the compensation shall be 662/3 per centum of the average weekly wages, . . . and shall be paid to the employee, as follows:

. . . . . "(13) Loss of Hearing:

. . . . . "(B) Compensation for loss of hearing in both ears, two-hundred weeks.

. . . . . "(21) Other cases: In all other cases in the class of disability, the compensation shall be 662/3 per centum of the difference between the average weekly wages of the employee and the employee's wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of partial disability.

. . . . . "(23) Notwithstanding paragraphs (1) through (22), with respect to a claim for permanent partial disability for which the average weekly wages are determined under section 910(d)(2) of this title, the compensation shall be 662/3 per centum of such average weekly wages multiplied by the percentage of permanent impairment, as determined under the guides referred to in section 902(10) of this title, payable during the continuance of such impairment."

Section 10(d), 33 U. S. C. § 910(d), provides:

"(2) Notwithstanding paragraph (1), with respect to any claim based on a death or disability due to an occupational disease for which the time of injury (as determined under subsection (i) of this section) occurs—

"(A) within the first year after the employee has retired, the average weekly wages shall be one fifty-second part of his average annual earnings during the 52-week period preceding retirement; or

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