Alessandro P. Nardella v. Campbell MacHine Inc. And Zenith National Insurance Company

This case, involving a claim pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act [hereinafter referred to as the Act], 44 Stat. 1424 , 33 U.S.C. § 901 et seq., as amended, is appealed by claimant, Nardella, from the Order of the Administrative Law Judge which was affirmed in relevant part by the Benefits Review Board of the United States Department of Labor. This Court has jurisdiction under 33 U.S.C. § 921 (c).

It is settled law that this Court is obligated to affirm the Administrative Law Judge’s findings if they are “supported by substantial evidence on the record considered as a whole.” Banks v. Chicago Grain Trimmers Association, 390 U.S. 459, 467 , 88 S.Ct. 1140, 1145 , 20 L.Ed.2d 30 (1968); see O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 , 71 S.Ct. 470 , 95 L.Ed. 483 (1951). It is with this admonition in mind that we consider petitioner’s appeal.

The Administrative Law Judge in his Order awarded petitioner forty weeks of temporary total disability (from January 17, 1970, through October 25, 1970) in the total sum of $2,800 at the rate of $70 per week. Petitioner contends that he suffered permanent disability beyond…