In Stevens v. Director, Office of Workers' Compensation Programs, the Ninth Circuit held that an employee's disability that was total does not become partial for purposes of compensation until suitable alternative employment is available to the employee. Interpreting the Longshore and Harbor Workers' Compensation Act (LHWCA), the court answered an issue not previously decided: when does a total disability become partial?
Carol A. Farmer,
Worker's Compensation - Stevens v. Director, Office of Workers' Compensation Programs: Workers' Compensation - When Does a Total Disability Become Partial?, 21 Golden Gate U. L. Rev.