Judge's Benchbook:
Longshore & Harbor Workers' Compensation Act
Supplement - January 2005
Topic 8.6 - Temporary Partial Disability
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Temporary Partial Disability |
TOPIC 8.6
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Newport News Shipbuilding & Dry Dock Co ., (Unpublished)( No. 03-1989) ( 4 th Cir. January 5, 2004).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.
