OLD DOMINION STEVEDORING CORPORATION v. O'HEARNE

No. 6849.

218 F.2d 651 (1955)

OLD DOMINION STEVEDORING CORPORATION and Liberty Mutual Insurance Company, Appellants, v. Stephen O'HEARNE, Deputy Commissioner, U. S. Department of Labor, Bureau of Employees' Compensation, Fifth Compensation District, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1955.


Attorney(s) appearing for the Case

L. S. Parsons, Norfolk, Va. (Venable, Parsons, Kyle & Hylton, Norfolk, Va., on the brief), for appellants.

Herbert P. Miller, Atty., U. S. Dept. of Labor, Washington, D. C. (Lester S. Parsons, Jr., U. S. Atty., Wm. F. Davis, Asst. U. S. Atty., Norfolk, Va., Stuart Rothman, Sol. of Labor, and Ward E. Boote, Asst. Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

This appeal raises the question whether Abner Davis, an employee of the Old Dominion Stevedoring Corporation, is entitled under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., to full compensation on the basis of permanent partial disability for the loss by accidental injury of an eye affected by pre-existing chronic non-congestive glaucoma.

On November 26, 1952, while the claimant was engaged...

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