Legal Opinion

Kenneth H. Cunnyngham v. P. J. Donovan, Deputy Commissioner, Seventh Compensation District, Bureau of Employees' Compensation

Court of Appeals for the Fifth Circuit

Decided March 2, 1964No. 20420PublishedCited by 13 opinions

1Opinion of the Court

CAMERON, Circuit Judge.

This appeal presents two questions, the second answer being dependent on the answer to the first. Initially, we must decide whether the lower court had jurisdiction of the subject matter. If this query should be answered in the affirmative, then we must decide whether the loss of one leg and the loss of thirty-five per cent use of the other leg amounts to permanent and total disability within the meaning of the Longshoremen’s and Harbor Workers’ Compensation Act. 1 Both questions must be answered in the affirmative.

Appellant was in the employ of the Fluor Corporation,…

2Cases cited3 opinions

  1. Mississippi Shipping Co. v. HendersonCourt of Appeals for the Fifth Circuit · 1956
  2. J. R. Godfrey v. Joseph H. Henderson, Deputy Commissioner, Seventh Compensation District, Federal Security Agency, Bureau of Employees CompensationCourt of Appeals for the Fifth Circuit · 1955
  3. Walsh Stevedoring Co., Inc. v. HendersonCourt of Appeals for the Fifth Circuit · 1953

3Cited by13 opinions

  1. American Mutual Insurance Company of Boston and Rose Brothers Company v. Willie B. JonesCourt of Appeals for the D.C. Circuit · 1970
  2. Bertram A. Watson and R. J. Shea, Deputy Commissioner v. Gulf Stevedore CorporationCourt of Appeals for the Fifth Circuit · 1968
  3. Willard v. The John HaywardCourt of Appeals for the Fifth Circuit · 1978
  4. Alessandro P. Nardella v. Campbell MacHine Inc. And Zenith National Insurance CompanyCourt of Appeals for the Ninth Circuit · 1975
  5. J. P. Goins, Intervenor v. Noble Drilling Corporation, Employer, and Aetna Casualty and Surety Company, Insurance CarrierCourt of Appeals for the Fifth Circuit · 1968

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