Permanent Disability Can Change Under Labor Law: 9th Circ.

Law360, New York (July 26, 2012, 7:34 PM EDT) -- The Ninth Circuit on Tuesday held that an employee's work-related disability can be changed from permanent to temporary in connection with workers' compensation, meaning Pacific Ship Repair & Fabrication Inc. must make disability payments to a former, now disabled employee.

In a published opinion, a three-judge panel affirmed a ruling by the U.S. Department of Labor's Benefits Review Board that an employee who has a permanent, partial disability may be reclassified as temporarily totally disabled during a recovery period after surgery.

The ruling shifts the responsibility...
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