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EMPLOYERS LIABILITY ASSURANCE CORP. v. HUGHES

188 F.Supp. 623 (1959)

EMPLOYERS LIABILITY ASSURANCE CORP., Ltd., and John T. Clark & Son, Plaintiffs, v. Thomas F. HUGHES, Deputy Commissioner, Second Compensation District, and Edward Olsen, Defendants.

United States District Court S. D. New York.

September 29, 1959.

Attorney(s) appearing for the Case

Alexander, Ash & Schwartz, New York City, by Sidney A. Schwartz, New York City, of counsel, for plaintiffs.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, Burton M. Fine, Asst. U. S. Atty., New York City, of counsel, for defendant Thomas F. Hughes.

Edward A. Bohan, New York City, for defendant Edward Olsen.

WEINFELD, District Judge.

The issue presented to the Deputy Commissioner was whether claimant was permanently totally disabled within the meaning of the Longshoremen's and Harbor Workers' Compensation Act.1 Obviously, in the determination of that issue, factors such as the nature and extent of the physical injury, age, experience, education, mentality and capabilities, may lead to different...

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