Independent Stevedore Company v. J. J. O'leary, Deputy Commissioner, Bureau of Employees' Compensation, Department of Labor

This is an appeal from a judgment of the district court in a proceeding under section 21(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1436 (1927), 33 U.S.C.A. § 921 (b), sustaining a deputy commissioner’s compensation award.

The record discloses that until 1951 or 1952 the employee performed hard work without physical difficulty as a sailor, logger, pile driver, carpenter, and longshoreman. In 1951 or 1952 he hurt his back while longshoring for appellant Independent Stevedore Company. In the years that followed, his condition was aggravated by other back injuries which he sustained while longshoring for Independent. On May 26, 1957, while still employed by Independent, he was disabled by a further back injury while moving timber on a cargo vessel. He has not worked since.

Appellants recognized the work-connected nature of the employee’s disability, paying medical expense plus compensation for temporary total disability from May 26, 1957, to July 5, 1960. During this period, on February 25, 1958, the employee submitted to a spinal fusion. Following the operation, the employee wore a chair brace for three months and took heat treatments, but his…