Gulfport Shipbuilding Corporation v. Vallot
Decision Date | 24 September 1964 |
Docket Number | No. 20764.,20764. |
Citation | 334 F.2d 358 |
Parties | GULFPORT SHIPBUILDING CORPORATION and Texas Employers' Insurance Association, Appellants, v. Maxime VALLOT et al., Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Carl O. Bue, Jr., Ben L. Reynolds, Houston, Tex., Royston, Rayzor & Cook, Houston, Tex., of counsel, for appellants.
David J. McCarthy, Jr., Alan S. Rosenthal, Richard S. Salzman, Attys., Dept. of Justice, Washington, D. C., Alto V. Watson, Beaumont, Tex., for appellee.
Before HUTCHESON, PRETTYMAN* and JONES, Circuit Judges.
The appellee, Maxime Vallot, had been a longshoreman in the employ of the appellant, Gulfport Shipbuilding Corporation. During such employment, on September 6, 1957, Vallot sustained an injury while working as an apprentice welder on the SS KERMAC. As a result of the injury, Vallot was paid compensation for five weeks, the last payment being on December 4, 1957. On June 17, 1958, the Deputy Commissioner of the Labor Department's Bureau of Employees Compensation sent Vallot a notice which stated, among other things the date of injury, the period for which compensation had been paid, and that Vallot had returned to work. The notice concluded with the following:
The one-year limitation to which reference is made in the notice is prescribed by Section 13(a) of the Longshoremen's and Harbor Workers' Compensation Act.1 The Deputy Commissioner received from Vallot a response dated June 20, 1958, in these words:
A formal claim was filed on March 13, 1962. The Deputy Commissioner held a hearing on Vallot's request for additional compensation and took testimony with respect to whether he was injured. Without passing on the merits of the claim, the Deputy Commissioner, by an order dated September 25, 1962, rejected it because it was not timely filed. In so...
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...the Third Circuit cases and this one. Those cases are precedent here and, furthermore, we agree with them. Gulfport Shipbuilding Corp. v. Vallot, 334 F.2d 358, 360 (5 Cir. 1964), cert. den. 380 U.S. 974, 85 S.Ct. 1333, 14 L.Ed.2d 269, affords further The appeal is not saved by any theory th......
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...Inc. v. Estate of Verderane, 729 F.2d 726, 727 (11th Cir.1984); see United Fruit, 546 F.2d at 1225; Gulfport Shipbuilding Corp. v. Vallot, 334 F.2d 358, 360 (5th Cir.1964), cert. denied, 380 U.S. 974, 85 S.Ct. 1333, 14 L.Ed.2d 269 (1965). Accordingly, employer's petition for review is * Hon......
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