ARGONAUT INS. CO. v. DIRECTOR, OFFICE OF WKRS., ETC.

No. 80-1570.

646 F.2d 710 (1981)

ARGONAUT INSURANCE COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Robert D. Cook, Respondents.

United States Court of Appeals, First Circuit.

Decided April 24, 1981.


Attorney(s) appearing for the Case

Timothy F. Nevils, Boston, Mass., with whom Sullivan & Cronin, Boston, Mass., was on brief, for petitioner.

Lillian Cohen Levine, Wakefield, Mass., with whom Law Offices of Bernard Cohen, Inc., Brockton, Mass., was on brief, for respondent Robert D. Cook.

Catherine A. Giacona, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol. and Marianne Demetral Smith, Atty., U. S. Dept. of Labor, Washington, D. C., were on brief, for respondent Director, Office of Workers' Compensation Programs.

Before COFFIN, Chief Judge, ALDRICH, Circuit Judge, WYZANSKI, District Judge.


ALDRICH, Senior Circuit Judge.

This is a petition by an insurer to review a decision of the Benefits Review Board affirming, pro forma, the findings of an administrative law judge that Cook, the claimant, a longshoreman, is totally and permanently disabled as the result of a severe injury to his right elbow in 1971, requiring a prosthesis. We approach such questions with the realization that a heavy burden is on the insurer to show that, viewed on the record as a...

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