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Everitt v. Director, Office of Workers Compensation Programs

9th CircuitAugust 10, 2004No. No. 02-74232, 02-74309Cited 6 times
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Case Details

Judge(s)
Berzon, Paez, Trott
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 court granted the employee's petition for review, holding that the Board erred in terminating his permanent partial disability award and remanding for concurrent awards. The court also denied the employer's challenge to attorney's fees.

What This Ruling Means

**Court Rules in Favor of Injured Dock Worker** This case involved a dock worker employed by Stevedoring Services of America who was receiving workers' compensation benefits for a permanent partial disability. The worker had been awarded ongoing payments to help compensate for his injury-related limitations. However, the workers' compensation board later decided to stop these payments, which the worker challenged in court. The federal appeals court sided with the injured worker. The court found that the workers' compensation board made a mistake when it terminated his permanent partial disability payments. The court ordered the case to be sent back to the board with instructions to provide "concurrent awards" - meaning the worker should receive multiple types of compensation benefits at the same time. The court also rejected the employer's attempt to challenge the worker's attorney's fees. This decision matters for workers because it reinforces that once someone qualifies for permanent partial disability benefits, those payments shouldn't be easily taken away. It also shows that workers can successfully challenge decisions to cut off their benefits, and that courts will protect their right to receive proper compensation for work-related injuries that cause lasting impairment.

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

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