Potomac Electric Power Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Terry M. Cross

Section 8 of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 908 (1976), contains a schedule of benefits in which Congress has conclusively presumed the compensation due an employee who sustains an enumerated injury in the course of his employment. Nothing in section 8 permits an employee whose injury is unquestionably confined to one of those set out in the schedule to circumvent Congress’ conclusive presumptions with a showing of lost earning capacity in excess of the specified benefit. The majority holds otherwise, and does so despite the fact that during the fifty-two…