Case

This is an appeal from the lower court’s decree dismissing a libel to review a compensation order and for an injunction suspending and setting aside an award of $750 for serious facial disfigurement under the Longshoremen’s and Harbor Workers’ Compensation Act.

The libelants and appellants are L. S. Case, employer, and the Travelers Insurance Company, the insurance carrier. The appellees are the Deputy Commissioner for the Thirteenth Compensation District and the injured workman.

On October 1, 1941, David M. Young sustained injury to his right eye while employed as a carpenter in the repairing of the S.S. “West Portal” at Oakland, California. A foreign body entered the eye, causing an ulcer and loss of 80% vision. On February 12, 1943, in addition to temporary disability of $503.57, 140 weeks of compensation at $25.00 a week for permanent partial disability, the Deputy Commissioner made an award of $750 for serious facial and head disfigurement.

There is no question here as to the sufficiency of the evidence to support the Deputy Commissioner’s finding that Young suffered serious facial and head disfigurement, and therefore that finding is final and conclusive.

The only…