187 F.2d 987 (9th Cir. 1951), 12644, Pillsbury v. United Engineering Co.

Docket Nº:12644, 12645, 12646, 12647.
Citation:187 F.2d 987
Party Name:PILLSBURY, Deputy Commissioner v. UNITED ENGINEERING CO. et al. (two cases). PILLSBURY, Deputy Commissioner v. MATSON TERMINALS, INC. et al. CYR, Deputy Commissioner v. UNITED ENGINEERING CO. et al.
Case Date:March 14, 1951
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 987

187 F.2d 987 (9th Cir. 1951)

PILLSBURY, Deputy Commissioner

v.

UNITED ENGINEERING CO. et al. (two cases).

PILLSBURY, Deputy Commissioner

v.

MATSON TERMINALS, INC. et al.

CYR, Deputy Commissioner

v.

UNITED ENGINEERING CO. et al.

Nos. 12644, 12645, 12646, 12647.

United States Court of Appeals, Ninth Circuit.

March 14, 1951

Frank J. Hennessy, U.S. Attorney, Macklin Fleming, R. H. Colvin, Asst. U.S. Attys., all of San Francisco, Cal. (Ward E. Boote, Asst. Solicitor, Herbert P. Miller, Atty., U.S. Dept. of Labor, Employees'

Page 988

Compensation Div., Washington, D.C., of counsel), for appellant.

John H. Black, Edward R. Kay, San Francisco, Cal., for appellee.

Before HEALY, BONE, and ORR, Circuit Judges.

HEALY, Circuit Judge.

Involved here are consolidated cases, four in number, arising under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. In each case the Deputy Commissioner found a partial disability growing out of injury suffered in the course of employment. In one instance (the Shallat case) the award was for permanent and in the others for temporary disability. On appropriate proceedings before the district court the awards were annulled on the ground that the claims were barred because not filed within one year after the injury as provided in Sec. 13(a) of the Act, 92 F.Supp. 898. The Deputy Commissioner appeals.

In each case the claimant suffered a specific injury from accident on a particular date. No latent injury or occupational disease is involved. There were not voluntary payments of compensation. The claims were filed on dates ranging from 18 to 23 months after the injury. Omitting for the moment what we regard as irrelevant or argumentative matters, the Deputy Commissioner's findings were these:

No. 12, 644. Claimant Johnson on May 12, 1947, struck his head on a crossbeam of a vessel while working as a welder, 'sustaining extensive strain of the muscles of the neck which still continues painful.' His employer continued him in lighter work in a partially disabled condition without reduction in wages until May 15, 1948. He lost no time from work as a result of the injury until about June 15, 1948. Throughout the period in question he was furnished by his employer with medical treatment. His claim for compensation was filed January 17, 1949.

No. 12, 645. Claimant...

To continue reading

FREE SIGN UP