Citations
- 64 F.2d 84
Full opinion text
WILBUR, Circuit Judge.
. . _ _ . Thls “ *rom a d“^ee. d™r ma* appellants' bill of complaint m which ni . . .. x . . . ,, they sonant an injunction restraining the n ,q j- i j enforcement or a compensation award made u n • e (> v xr ™ bv appcHees in favor of vmier Kallstrom. '
_ _ On lebruyry il 1928 while an employee of the McCormick bteamsnip Company, Verner Kallstrom suffered an injury to his fourth cervical vertebra, which resulted in a permanent partial disability, coming under section 8(e) (2.1) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 US CA § 908(c) (21), entitling him to an award of compensation for his disability amounting to “66% per centum of the difference between his average weekly wages [before his injury] and his wage-earning capacity thereafter in the same employment or otherwise. ' ’ % ” Prior to his injury, Kallstrom had acted as foreman of his own stevedoring gang-, and had occasionally worked as a stevedore. Several compensation orders haves been made from time to time by tins appellee commission eovei ing Kallstrom’s disability, but if will be sufficient to consider, in addition to the order complained of, the injury. There is no evidence in this case showing a decrease in earning capacity, as distinguished from a decrease in wages earned since the order of July 5, 1930. The award complained of is contrary to law, and the intendment of the act and the enforcement of it should therefore be enjoined.
Decree reversed, with instruction to grant the injunction prayed for.