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BETHLEHEM STEEL COMPANY v. CARDILLO

No. 206, Docket 23819.

229 F.2d 735 (1956)

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.

United States Court of Appeals Second Circuit.

Decided January 11, 1956.

Attorney(s) appearing for the Case

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.

FRANK, Circuit Judge.

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...

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