Shelby v. Duke Power Company

The undersigned have reviewed the Award based upon the record of the proceedings before the Deputy Commissioner. The appealing party has shown good grounds to reconsider the evidence. However, upon reconsideration of the evidence, the undersigned reach the same facts and conclusions as those reached by the Deputy Commissioner.

In his oral arguments, plaintiff has made much of the fact that his attempt to depose Dr. Horton Hinshaw of Tiburon, California was thwarted by the Deputy Commissioner's Order of February 25, 1993, which denied plaintiff's request as untimely and stated that Dr.…