Rupert v. TODD SHIPYARDS CORPORATION
Decision Date | 10 December 1956 |
Docket Number | No. 15160.,15160. |
Parties | Clarence RUPERT, Appellant, v. TODD SHIPYARDS CORPORATION, a corporation and Pacific Indemnity Company, a corporation, Appellees. |
Court | U.S. Court of Appeals — Ninth Circuit |
McMurray, Brotsky, Walker, Bancroft & Tepper, Rubin, Tepper, San Francisco, Cal., for appellant.
Weingand & Tipton, Jean Wunderlich, Los Angeles, Cal., for appellees.
Warren H. Pillsbury, San Francisco, Cal., for amicus curiae, Warren H. Pillsbury.
Before POPE, CHAMBERS and BARNES, Circuit Judges.
These proceedings were instituted in the court below for the purpose of setting aside a portion of a compensation order made under the provisions of the Longshoremen's and Harbor Workers' Compensation Act, Title 33 U.S.C.A. §§ 901-950. Upon pre-trial hearing the facts were stipulated and the cause submitted to the court upon the stipulation and briefs of the parties. Thereafter findings and judgment were made and entered setting aside that part of the order which granted the appellant a sum "on account of serious facial disfigurement". The trial court filed an opinion giving its reasons for the decision, as follows:
`Schedules are set up not to put a "price" on certain parts of the human body, but to ameliorate an otherwise intolerable administrative burden by providing a certain and easily applied method of determining the effect on wage earning capacity of typical and classifiable injuries.' 208 F.2d at pages 699-700.
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