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PORTLAND STEVEDORING COMPANY v. JOHNSON

No. 25621.

442 F.2d 411 (1971)

PORTLAND STEVEDORING COMPANY, an Oregon corporation, Plaintiff-Appellee, v. Reginald J. JOHNSON, Assistant Deputy Commissioner, Fourteenth Compensation District, Bureau of Employees Compensation, U. S. Department of Labor, Defendant, v. Dale M. LOISELLE, Intervenor-Defendant, Appellant.

United States Court of Appeals, Ninth Circuit.

May 5, 1971.

Attorney(s) appearing for the Case

Raymond J. Conboy, Donald R. Wilson, John J. Haugh, of Pozzi, Wilson & Atchison, Portland, Or., for intervenor-defendant-appellant.

Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant.

Floyd A. Fredrickson, of Gray, Fredrickson & Heath, Portland, Or., for plaintiff-appellee.

Before DUNIWAY, ELY, and HUFSTEDLER, Circuit Judges.

PER CURIAM:

Loiselle, a longshoreman, appeals an order of the District Court which set aside an award of permanent partial disability benefits that had been granted under section 8 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 908.

A disability determination by a Deputy Commissioner of the Department of Labor must be accepted unless it is "unsupported by substantial evidence on the record considered as a whole." O'Leary v. Brown...

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