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POTOMAC ELEC. POWER CO. v. DIRECTOR, ETC.

No. 78-1073.

606 F.2d 1324 (1979)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Terry M. Cross, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1979.

Attorney(s) appearing for the Case

Richard W. Turner, Washington, D.C., with whom Nicholas D. Ward, Washington, D.C., was on the brief, for petitioner.

William F. Krebs, Washington, D.C., with whom Leslie Scherr, Washington, D. C., was on the brief, for respondent Terry M. Cross.

Mark C. Walters, Atty., Dept. of Labor, Washington, D.C., for respondent Dept. of Labor. Cornelius S. Donoghue, Jr., Atty., Dept. of Labor, Washington, D.C., entered an appearance for respondent Department of Labor.

Before WRIGHT, Chief Judge, and SWYGERT and MacKINNON, Circuit Judges.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Chief Judge:

On December 7, 1974 Terry M. Cross, Jr., a Class A cable splicer with the Potomac Electric Power Company (PEPCO), injured his left knee while on the job. The injury was sufficiently serious to require corrective surgery to remove the medial meniscus—fibrocartilage of the knee joint—from that...

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