Morrison-knudsen Construction Co. et al. v. Director, Office of Workers' Compensation Programs, United States Department of Labor, et al. (461 U.S. 624)
U.S. Supreme Court · decided May 24, 1983 · Supreme Court Database (Spaeth)
- Citation
- 461 U.S. 624 · 103 S. Ct. 2045
- Decided
- May 24, 1983
- Term
- October Term 1982
- Vote
- 8–1
- Majority author
- Justice Burger
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Burger delivered the opinion of the Court. The question presented is whether employer contributions to union trust funds for health and welfare, pensions, and training are “wages” for the purpose of computing compensation benefits under § 2(13) of the Longshoremen's and Harbor Workers’ Compensation Act, 44 Stat. (part 2) 1425, 33 U. S. C. § 902(13) (Compensation Act). I James Hilyer, an employee of petitioner Morrison-Knudsen Construction Co., was fatally injured while working on the construction of the District of Columbia Metrorail System. At the time of his death, Hilyer was covered by the District of Columbia Workmen’s Compensation Act, D. C. Code §36-501 (1973), which incorporates the provisions of the Compensation Act. He was also a beneficiary of a collective-bargaining agreement between Morrison-Knudsen and his union, Local 456 of the Laborers’ District Council of Washington, D. C., and Vicinity (AFL-CIO). Immediately upon Hilyer’s death, petitioner began to pay 662/3% of Hilyer’s “average weekly wage” in death benefits to his wife and two minor children pursuant to 33 U. S. C. § 909(b). Respondent Hilyer disputed the amount of benefits paid, claiming, among other things, that her husband’s average weekly wage included not only his take-home pay, as petitioner contended, but also the 680 per hour in contributions the employer was required to make to…
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