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DAVIS v. U. S. DEPT. OF LABOR

Nos. 78-2257, 78-2291.

646 F.2d 609 (1980)

Earl C. DAVIS, Petitioner, v. U. S. DEPARTMENT OF LABOR, Director, Office of Workman's Compensation Programs, Respondents, George Hyman Construction Company and Liberty Mutual Insurance Company, Intervenors. Richard W. GALIHER, Jr., Petitioner, v. GEORGE HYMAN CONSTRUCTION COMPANY, Employer, and Liberty Mutual Insurance Company, Carrier, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Lawrence A. Levey, Los Angeles, Cal., with whom Ronald G. Nathan, Los Angeles, Cal., was on brief, for petitioner in case 78-2257.

Richard W. Galiher, Jr., Washington, D. C., for petitioner in case 78-2291.

Russell E. Bond, Washington, D. C., with whom James F. Bromley and Ellen A. Patterson, Washington, D. C., were on brief, for intervenors.

Before ROBB, MIKVA and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

These consolidated petitions to review a decision of the Department of Labor's Benefits Review Board present three issues. First, the injured employee, Earl C. Davis, asserts that substantial evidence did not support the Board's finding of no permanent total disability. Second, Davis contends that in light of this court's ruling in Hastings v. Earth Satellite Corp.,

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