Joyce v. UNITED STATES DEPUTY COMMISSIONER FOR FIRST COMPENSATION DIST.
| Decision Date | 02 April 1929 |
| Docket Number | No. 911.,911. |
| Citation | Joyce v. UNITED STATES DEPUTY COMMISSIONER FOR FIRST COMPENSATION DIST., 33 F.2d 218 (D. Me. 1929) |
| Parties | JOYCE v. UNITED STATES DEPUTY COMMISSIONER FOR FIRST COMPENSATION DIST. (EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited, Intervener). |
| Court | U.S. District Court — District of Maine |
Edward J. Harrigan, of Portland, Me., for plaintiff.
William B. Mahoney, of Portland, Me., for intervener.
This is a proceeding under the Longshoremen's and Harbor Workers' Compensation Act(33 USCA §§ 901-950), asking the intervention of this court in suspending or modifying an award of a deputy commissioner on the ground that it is not in accordance with law.In support of that allegation the plaintiff avers that the deputy commissioner went outside the evidence, ignored it, and made a finding inconsistent with it.The interveners defending have filed an answer with a demurrer.As some evidence has been introduced, including the record of the proceedings before the deputy commissioner, it may be simpler to decide the case on the merits.
It is perfectly clear that the Congress in passing this act intended to make an administrative provision for the benefit of a certain class of workers to be used and construed with the utmost liberality toward them.The plaintiff complains that the deputy commissioner was not governed by the evidence before him; but he is specially authorized by the act to ignore the usual rules of evidence and procedure and permitted to make an inquiry on his own account "in such manner as to best ascertain the rights of the parties."The machinery set up by this act and its operation are novel and quite extrajudicial, and it is plain that the courts are not authorized to interfere unless the award is clearly not in accordance with law.
It is claimed that here that situation exists, because as alleged there was no evidence to...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Southern Stevedoring Co. v. Henderson
...L.Ed. 348; Cardillo, Deputy Commissioner, v. Liberty Mutual Ins. Co., 330 U.S. 469, 67 S.Ct. 801, 91 L.Ed. 1028; Joyce v. United States Deputy Commissioner, D.C., 33 F.2d 218; Zurich General Accident & Liability Ins. Co. v. Marshall, Deputy Commissioner, D.C., 42 F.2d 1010; Booth v. Monahan......
-
Ennis v. O'Hearne
...Corp. v. O'Hearne, 4 Cir., 184 F.2d 76, 78; Crescent Wharf & Warehouse Co. v. Cyr, 9 Cir., 200 F.2d 633, 637; Joyce v. U. S. Deputy Com'r, D.C.Me., 33 F.2d 218. The Deputy Commissioner was entitled to rely upon his own observation and judgment in conjunction with all of the evidence before ......
-
Maryland Casualty Co. v. Cardillo
...saw him testify, and it was as proper for the deputy commissioner to use his eyes as his ears. Joyce v. United States Deputy Commissioner for First Compensation District, D. C., 33 F.2d 218. Steadman's flight, also, had some tendency to discredit his story. The evidence did not require a fi......
-
Southern SS Co. v. Norton
...impaired thereafter. It should be noted that the Deputy Commissioner is not bound to accept medical testimony: Joyce v. U. S. Deputy Commissioner, D. C., 33 F.2d 218, page 219, where it was said: "He the Deputy Commissioner had a right to ignore the opinion of the doctors and to rely on oth......