Fenske v. Service Employees International, Inc.

OPINION

NOONAN, Circuit Judge:

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.C. §§ 901-50. While we generally disallow concurrent awards, Fenske seeks relief under our holding in Stevedoring Servs. of Am. v. Price, 382 F.3d 878 (9th Cir. 2004) (as *980amended) (“Price”), which allows concurrent awards for certain time-delayed injuries. We…