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FENSKE v. SERVICE EMPLOYEES INTERNATIONAL, INC.

No. 14-71512.

835 F.3d 978 (2016)

James FENSKE, Petitioner, v. SERVICE EMPLOYEES INTERNATIONAL, INC.; Insurance Company of the State of Pennsylvania; Director, Office of Workers' Compensation Program, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2016.

Attorney(s) appearing for the Case

Joshua T. Gillelan, II , Longshore Claimants' National Law Center, Washington, D.C.; Eric A. Dupree , Dupree Law, APLC, Coronado, California; for Petitioner.

Kenneth M. Simon , Flicker, Garelick & Associates, LLP, New York, New York, for Respondents Service Employees International, Inc., and Insurance Company of the State of Pennsylvania.

M. Patricia Smith , Solicitor of Labor; Rae Ellen James , Associate Solicitor; Mark Reinhalter , Counsel for Longshore; Gary K. Stearman , Counsel for Appellate Litigation; Matthew W. Boyle , Attorney; Office of the Solicitor, United States Department of Labor, Washington, D.C.; for Respondent Director, Office of Workers' Compensation Programs.

Before: John T. Noonan, Kim McLane Wardlaw, and Richard A. Paez, Circuit Judges.

OPINION

James Fenske petitions for review of a decision of the Benefits Review Board of the Department of Labor (the "Board") holding that Fenske could not receive concurrent payments for total disability and permanent partial disability under the Longshore and Harbor Workers' Compensation Act (the "Act"), 33 U.S...

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