Employers Liability Assurance Corp. v. Hughes

WEINFELD, District Judge.

The issue presented to the Deputy Commissioner was whether claimant was *624permanently totally disabled within the meaning of the Longshoremen’s and Harbor Workers’ Compensation Act.1 Obviously, in the determination of that issue, factors such as the nature and extent of the physical injury, age, experience, education, mentality and capabilities, may lead to different conclusions in different cases.

In the instant case, the examining physicians disagreed as to the extent of disability. The Deputy Commissioner, based upon all the evidence, found that the claimant-employee…