188 F. Supp. 623 | S.D.N.Y. | 1959
The issue presented to the Deputy Commissioner was whether claimant was
In the instant case, the examining physicians disagreed as to the extent of disability. The Deputy Commissioner, based upon all the evidence, found that the claimant-employee was permanently totally incapacitated from engaging in gainful employment.
Upon a careful review of the entire record and considering the statutory definition of disability as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.”
The defendant’s motion for summary judgment is granted and the plaintiff’s cross motion for summary judgment is denied.
Settle order on notice.
. 33 U.S.C.A. § 901 et seq.
. 33 U.S.C.A. § 902(10).
. 33 U.S.C.A. § 908(a). In cases other than those specifically cited as constituting permanent total disability.
. Cf. O’Leary v. Brown-Pacific-Maxon, Inc., 1951, 340 U.S. 504, 71 S.Ct. 470, 95 L.Ed. 483; Gooding v. Willard, 1954, 2 Cir., 209 F.2d 913.
. Cf. Eastern S.S. Lines, Inc. v. Monahan, 1 Cir., 1940, 110 F.2d 840.