Legal Opinion · Concurrence

Haughton Elevator Company, and the Aetna Casualty and Surety Company, Employer/carrier v. Ernest A. Lewis

Court of Appeals for the Fourth Circuit

Decided February 17, 1978No. 76-2450Published

1ConcurrenceWinter, Circuit Judge

For the following reasons, I agree with Judge Bryan that the order of the Benefits Review Board should be affirmed:

Lewis indisputably sustained an industrial injury in 1963. He was found then to be permanently partially disabled and awarded benefits. The question which this case presents is whether the Board’s later finding that Lewis subsequently became permanently totally disabled is supported by substantial evidence. An aspect of this ultimate question is the effect of the fact that at the time that the Board found him permanently totally disabled, he was working for an exterminating…

2Cases cited7 opinions

  1. Voris v. EikelSupreme Court of the United States · 1953
  2. Bertram A. Watson and R. J. Shea, Deputy Commissioner v. Gulf Stevedore CorporationCourt of Appeals for the Fifth Circuit · 1968
  3. American Stevedores, Inc., and Michigan Mutual Liability Insurance Company v. Vincent Salzano, and Director, Office of Workers Compensation ProgramsCourt of Appeals for the Second Circuit · 1976
  4. Eastern S. S. Lines, Inc. v. MonahanCourt of Appeals for the First Circuit · 1940
  5. Perini Corporation v. HeydeDistrict Court, D. Rhode Island · 1969

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