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05/29/63 Charles Einbinder, Deputy v. Novinger

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


May 29, 1963

LABOR, BUREAU OF EMPLOYEES' COMPENSATION DISTRICT, APPELLANT

v.

NOVINGER, INC., ET AL APPELLEES.

Before BAZELON, Chief Judge, and FAHY and BURGER, Circuit Judges.

UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT. 1963.CDC.92

Charles EINBINDER, Deputy Commissioner, U.S. Department of

May 29, 1963.

PER CURIAM.

In this workmen's compensation case, *fn1 the District Court set aside the Deputy Commissioner's award *fn2 solely on the ground that his findings were unsupported by evidence. *fn3 Since the District Court's review was confined to the record before the Deputy Commissioner, we are as well situated as the District Court to determine whether the award is "in accordance with law." *fn4 Accordingly we have examined the record in the light of the principles governing judicial review in workmen's compensation cases *fn5 and conclude that there is sufficient evidence on the record as a whole to support the Deputy Commissioner's determination. The order below setting aside his determination is therefore

Reversed.

MINORITY OPINION

BURGER, Circuit Judge, dissents.


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