Flores v. Bay Ridge Operating Co.

CLARK, Circuit Judge.

This appeal raises the question whether the Deputy Commissioner of the United States Employees’ Compensation Commission was in error, as the district court held, in making an award to plaintiff based upon a finding of partial, instead of total, disability. Plaintiff, a longshoreman, suffered an injury to his back sometime during the fall of 19371 while at work for the intervening defendant here, unloading a vessel at a Hudson River pier. Although there was medical opinion to the effect that within four months after the injury plaintiff was only partially disabled, the…