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Fenske v. Service Employees International, Inc.

9th CircuitAugust 26, 2016No. No. 14-71512Cited 2 times
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Case Details

Judge(s)
Noonan, Paez, Wardlaw
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Ninth Circuit denied the employee's petition for review, upholding the Board's decision that concurrent workers' compensation payments for total disability and scheduled permanent partial disability (hearing loss) were unavailable because his hearing loss did not precede his back injury.

What This Ruling Means

# Fenske v. Service Employees International, Inc. **What Happened** A worker employed by a government contractor filed a workers' compensation claim seeking benefits for two separate injuries: a back injury that caused total disability and hearing loss that qualified as a permanent partial disability. The worker wanted to receive compensation payments for both conditions at the same time. **What the Court Decided** The court sided with the employer and rejected the worker's request. The court upheld a previous decision stating that because the hearing loss occurred after the back injury, the worker could not receive concurrent payments for both conditions. The worker was limited to benefits for only one disability at a time. **Why This Matters for Workers** This ruling establishes that the timing of injuries affects workers' compensation eligibility. Workers who suffer multiple injuries cannot automatically collect maximum benefits for all of them simultaneously. The order in which injuries occur can significantly impact total compensation received, making it important for injured workers to understand how their specific circumstances align with workers' compensation rules.

This summary was generated to explain the ruling in plain English and is not legal advice.

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