James Fenske v. Service Employees Int'l Inc.

**Court Rules Worker Cannot Receive Double Disability Payments** James Fenske worked for Service Employees International and suffered hearing loss on the job. He applied for workers' compensation benefits under a federal law that covers dock and harbor workers. Fenske wanted to receive two types of disability payments at the same time: one for total disability (being completely unable to work) and another for partial permanent disability specifically for his hearing loss. The court ruled against Fenske. The Ninth Circuit Court of Appeals upheld an earlier decision by the Benefits Review Board, which handles workers' compensation appeals. The court determined that under the Longshore and Harbor Workers' Compensation Act, a worker cannot collect both total disability benefits and permanent partial disability benefits for the same time period. **What this means for workers:** If you're covered under federal maritime workers' compensation laws, you generally cannot "double-dip" by collecting different types of disability payments simultaneously. You must choose between total disability benefits (if you cannot work at all) or partial disability benefits (for specific injuries like hearing loss). This limitation helps prevent duplicate compensation but may reduce the total benefits some injured workers can receive. Workers should carefully consider which type of benefit provides better compensation for their situation.