Portland Stevedoring Co. v. Johnson
Portland Stevedoring Co. v. Johnson
Opinion of the Court
Loiselle, a longshoreman, appeals an order of the District Court which set aside an award of permanent partial disability benefits that had been granted under section 8 of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 908.
A disability determination by a Deputy Commissioner of the Department of Labor must be accepted unless it is “unsupported by substantial evidence on the record considered as a whole.” O’Leary v. Brown-Pacific-Max-on, Inc., 340 U.S. 504, 508, 71 S.Ct. 470, 472, 95 L.Ed. 483 (1951). Although Loiselle’s actual earnings increased after his injury, the Deputy Commissioner was not bound precisely to gauge his wage-earning capacity by the actual wages received by him after the time of the disabling injury. Travelers Ins. Co. v. McClellan, 288 F.2d 250 (2d Cir. 1961); 33 U.S.C. § 908(h). The evidence showed that the increase in Loiselle’s
Reversed.
Reference
- Full Case Name
- PORTLAND STEVEDORING COMPANY, an Oregon corporation v. Reginald J. JOHNSON, Assistant Deputy Commissioner, Fourteenth Compensation District, Bureau of Employees Compensation, U. S. Department of Labor v. Dale M. LOISELLE, Intervenor-Defendant
- Cited By
- 8 cases
- Status
- Published