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POTENZA v. UNITED TERMINALS, INC.

No. 41, Docket 74-2635.

524 F.2d 1136 (1975)

Edward POTENZA, Claimant-Appellee, v. UNITED TERMINALS, INC., Employer-Appellant, and Federal Insurance Company, Carrier-Appellant, Director, Office of Workers' Compensation Program, United States Department of Labor, Party in Interest-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 1, 1975.

Attorney(s) appearing for the Case

Linden & Gallagher, Leonard J. Linden, New York City, for employer and carrier appellants.

William J. Kilberg, Sol. of Labor, Marshall H. Harris, Associate Sol., Jean S. Cooper, Atty. U. S. Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Before MOORE, FEINBERG and OAKES, Circuit Judges.

PER CURIAM:

In October 1972, appellee Edward Potenza was struck on the face by a falling carton of bananas while working as a longshoreman. Because of the pain in his jaw and other symptoms Potenza went to an oral surgeon, Dr. Albert Albanese, who discovered that Potenza had cancer of the jaw. A large portion of appellee's jawbone was removed and replaced with a bone graft. The cancerous condition had apparently been present, unknown to Potenza, for many years but...

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