Ninth Circuit's Temporal Musings - New Longshore Opinion

The Ninth Circuit Court of Appeals just issued a decision in a Longshore case.  The case is Pacific Ship Repair and Fabrication, Inc. v. Office of Worker Compensation Programs.  It can be found here. 

In a nutshell, the question was how to treat a worker's disability that was originally classified as permanent partial but proves to be temporarily total during recovery following surgery.

Following the Benefits Review Board, the Ninth Circuit held that such an employee's disability could be recharacterized.