Godfrey v. Henderson

In 1950 appellant was severely injured in the course of his employment as a dock worker at Mobile, Alabama. On May 24, 1951, the Commissioner made an award finding him temporarily totally disabled. On July 9, 1953, the employer filed application for review pursuant to Section 22 of the Longshoremens and Harbor Workers Compensation Act, 33 U.S.C.A. § 901 et seq., based upon the contention that there had been a change in the condition of the claimant. After a hearing, the Deputy Commissioner found that there had been such a change in appellants condition and that his disability was permanent partial, consisting of loss by amputation of his right leg, 25 per cent loss of use of his left foot and 60 per cent loss of use of his left arm but that he was not totally disabled. This finding was based upon the testimony of two doctors who thought appellant would be able to do limited work if he were fitted with an artificial leg. Appellant petitioned the district court to review the Commissioners findings and require reinstatement of total temporary or a finding of total permanent disability. The trial court upheld the Commissioners findings and dismissed the petition.