Charles O. Sorenson v. Casper W. Weinberger, Secretary of Health, Education and Welfare

To understand this ease, we conclude certain facts should be recited.

I. FACTS.

Plaintiff-appellee, prior to July 5, 1968, had led an active life working at hard physical jobs, mostly on farms, (such as plowing, discing, and cultivating, or as a tractor operator). He studied welding and worked as a welder (heavy, light and spot), a pneumatic drill operator on a railroad; an auto mechanic and a service station attendant; a repairman in a mine as stationary engineer; and a swamper on oil rigs. He had spent three years in military service, where he had training as a heavy equipment operator, and as a paratrooper. At some un-discloséd date, long prior to July 5, 1968, in a dynamite explosion, he had lost portions of two fingers and a portion of the thumb on his left hand. This apparently had not incapacitated him for heavy work.

On July 5, 1968, plaintiff fell from an oil rig and injured his left ankle. He was hospitalized two days and had a short cast placed on his left leg. He lost his job. He was unable to work until September 13, 1968, when he was employed by Great Western Sugar Company, repairing broken machinery for six months. He then sought work as a bench welder,…