Fidelity & Casualty Co. of New York v. Henderson
| Decision Date | 27 June 1942 |
| Docket Number | No. 10169.,10169. |
| Parties | FIDELITY & CASUALTY CO. OF NEW YORK et al. v. HENDERSON. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Alvin R. Christovich, of New Orleans, La., for appellants.
Robert Weinstein, Asst. U. S. Atty., and Frederick J. Gisevius, Jr., both of New Orleans, La., for appellees.
Before SIBLEY, HOLMES, and McCORD, Circuit Judges.
This appeal is from a judgment of the District Court refusing to set aside or enjoin the enforcement of a compensation order made by the Deputy Commissioner in favor of John Nikolaus under the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, 33 U.S.C.A. § 901 et seq.
At all times here material John Nikolaus was employed as an iron worker helper by the Todd-Johnson Dry Docks, Inc., at Algiers, Louisiana, and was engaged in performing services for his employer upon the navigable waters of the United States. On September 15, 1939, while passing rivets, the die from a riveting gun fell on his head causing a one-inch laceration in his scalp, which laceration had to be closed by the use of two or three silver clamps. On November 23, 1939, his scalp was lacerated when he struck his head on an overhead valve. On December 23, 1939, Nikolaus was working on a scaffold in the hold of a vessel in his employer's floating dry dock. An explosion occurred in the hold while he was on the scaffold, and he ran from the scaffold, took hold of a valve rod, and slid to the floor several feet below. When he reached the floor, he made his way to a ladder and started up it in order to get out of the hold. After he was a few feet up the ladder a second explosion occurred in the hold, and he slipped or fell back to the floor. He started up the ladder again and finally reached the deck, frightened and excited, and "pretty well shaken up". In his efforts to escape from the hold, Nikolaus sustained a laceration of his right ear, skinned his shin, and suffered traumatic neurosis and psychic trauma.
After receiving the injuries on December 23d, Nikolaus received first aid treatment and appeared to be not seriously injured. He returned to work thereafter. Mrs. Nikolaus testified that after the explosion accident her husband began to act in an unusual manner; that he would go to bed with his dirty clothes on; that at times he would undress in the yard; and that she would have to help him dress. His condition grew progressively worse, and upon examination he was found to be suffering from general paresis. Subsequently he was adjudged insane and committed to the State hospital.
A claim for compensation was filed, and hearings were held before the Deputy Commissioner on the issue of whether or not the...
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