Portland Stevedoring Co. v. Johnson

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…