Bethlehem Steel Company v. Cardillo, 206
| Decision Date | 11 January 1956 |
| Docket Number | Docket 23819.,No. 206,206 |
| Citation | 229 F.2d 735 |
| Parties | BETHLEHEM STEEL COMPANY, Plaintiff-Appellant, v. Frank A. CARDILLO, Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation, Second Compensation District, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Cravath, Swaine & Moore, New York City (Albert R. Connelly and Donald H. Rivkin, New York City, of counsel), for appellant.
Leonard P. Moore, Brooklyn, N. Y., Stuart Rothman, Ward E. Boote, Herbert P. Miller, Washington, D. C. (Elliott Kahaner, Brooklyn, N. Y., of counsel), for appellee.
Before FRANK, HINCKS and LUMBARD, Circuit Judges.
Plaintiff brought this action to set aside an award of compensation, under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. The Deputy Commissioner had awarded Philip McDermott compensation for loss of hearing resulting from his employment for fifteen years as a boiler-maker. Plaintiff's complaint alleged that McDermott's impairment of hearing "did not result in any incapacity to earn the wages which he was receiving at the time of the injury." Defendant's answer did not deny this allegation. Plaintiff made a motion for judgment on the pleadings, and defendant made a cross-motion for summary judgment. The district judge denied plaintiff's motion, granted defendant's, and entered judgment for defendant. Plaintiff has appealed.
We affirm. The judgment is clearly governed by our recent decision in Travelers Insurance Company v. Cardillo, 2 Cir., 225 F.2d 137. The loss of hearing is covered by Section 908(c) (13) and is thus one of the "schedule losses" set forth in Section 908. In Travelers we held that, as to any schedule loss, there is a conclusive presumption of loss or reduction of wage-earning capacity.
Plaintiff relies on Iacone v. Cardillo, 2 Cir., 208 F.2d 696. But in the Travelers Insurance case, 225 F.2d at page 144, we distinguished Iacone, saying, In other words, in Iacone we held not, as the appellant here suggests,...
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Potomac Elec. Power Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor
...with whether a Lack of loss of wage-earning capacity deprives the claimant of the scheduled benefit. See, e. g., Bethlehem Steel Co. v. Cardillo, 229 F.2d 735 (2d Cir. 1955), Cert. denied, 351 U.S. 950, 76 S.Ct. 847, 100 L.Ed. 1474 (1956); Travelers Insurance Co. v. Cardillo, supra, at 144;......
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Henry v. George Hyman Const. Co.
...partial disability under Section 8(c)(4).Clemmie M. Henry, 15 B.R.B.S. at 479 (emphasis added).30 See also Bethlehem Steel Co. v. Cardillo, 229 F.2d 735, 735-36 (2d Cir.), cert. denied, 351 U.S. 950, 76 S.Ct. 847, 100 L.Ed. 1474 (1956); Travelers Ins. Co. v. Cardillo, 225 F.2d 137, 144 (2d ......
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Jones v. Cutler Oil Co.
...The compensation paid does not turn upon wages lost. Wage loss, in fact, or gain, is immaterial. See, e. g., Bethlehem Steel Co. v. Cardillo, 2 Cir., 229 F.2d 735. It is an arbitrary, fixed sum, and it 'shall' be paid as specified. The purpose of thus fixing an arbitrary sum was to attempt ......
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Huntington Ingalls Indus., Inc. v. Eason
...actual impact of the disability on the claimant's prospects of returning to longshore (or any other) work.”); Bethlehem Steel Co. v. Cardillo, 229 F.2d 735, 736 (2d Cir.1956) (noting that, “as to any schedule loss, there is a conclusive presumption of loss or reduction of wage-earning capac......