Judge's Benchbook:

Longshore & Harbor Workers' Compensation Act
Supplement - January 2005
Topic 8.6 - Temporary Partial Disability

Contents of Main Volume | Contents of Supplement

DISCLAIMER: The Longshore Benchbook was created solely to assist the Office of Administrative Law Judges as a first reference in researching cases arising under the Longshore and Harbor Workers' Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual judge on any subject. This Benchbook does not necessarily contain an exhaustive or current treatment of case holdings, and should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is intended to be used as a research tool, not as final legal authority and should not be cited or relied upon as such.
PDF Version: Volume I (Topics 1-21) | Volume II (Topics 22-90)



Temporary Partial Disability




Topic  8.6.1    Section 8(e)--Temporary Partial Disability�Generally


Newport News Shipbuilding & Dry Dock Co ., (Unpublished)( No. 03-1989) ( 4 th Cir. January 5, 2004).


            The Fourth Circuit affirmed an award of de minimis in relation to an award of temporary partial disability benefits.  The court noted that Section 8�, dealing with permanent partial disability was not applicable here, rather Section 8(e) was applicable and thus the ALJ was correct in considering the claimant's future earnings capacity in issuing the award.