Baker v. Truck & Trailer Eqpt, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60625
Summary Calendar
JAMES C. BAKER,
Petitioner,
versus
TRUCK & TRAILER EQUIPMENT COMPANY;
DIRECTOR, OFFICE OF WORKER’S COMPENSATION
PROGRAMS, U.S. DEPARTMENT OF LABOR,
Respondent.
--------------------
Petition for Review from an Administrative
Decision of the Benefits Review Board
BRB No. 01-0778
--------------------
January 23, 2003
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Petitioner claims that his employer’s contributions to his
individual savings plan, pursuant to a collective bargaining
agreement, should be calculated as wages for the purpose of
determining his average weekly wage.
We find no merit in petitioner’s argument, inasmuch as 33
U.S.C. § 902(13) specifically excludes from the term wages

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No. 02-60625
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“fringe benefits, including (but not limited to) employer
payments for or contributions to a retirement, pension, health
and welfare, life insurance, training, social security or other
employee or dependent benefit plan for the employee’s or
dependent’s benefit, or any other employee’s dependent
entitlement.” 33 U.S.C. § 902(13). Because the language of the
statute is plain and unambiguous with respect to the specific
dispute in this case, we need make no further inquiry.
Accordingly, the petition for review is DENIED.

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