Liberty Mut. Ins. Co. v. Marshall, 851.

Decision Date20 October 1944
Docket NumberNo. 851.,851.
Citation57 F. Supp. 177
PartiesLIBERTY MUT. INS. CO. et al. v. MARSHALL, Deputy Commissioner of United States Employees' Compensation Commission for Fourteenth District, et al.
CourtU.S. District Court — Western District of Washington

Joseph J. Lanza and Eggerman, Rosling & Williams, all of Seattle, Wash., for libelant.

L. M. Koenigsberg and Koenigsberg & Sanford, of Seattle, Wash., for respondents.

J. Charles Dennis, U. S. Atty., Gerald D. Hile, Asst. U. S. Atty., and Herbert O'Hare, Asst. U. S. Atty., all of Seattle, Wash., for William A. Marshall, Deputy Commissioner.

BOWEN, District Judge.

On December 1, 1942, the claimant, John B. Piatt, while working at his desk in his office furnished by his employer, sustained a blow on his head by a falling light globe and light globe shade, weighing altogether about three and a half pounds.

The immediate results of that accident were that Mr. Piatt experienced dizziness immediately after receiving the blow, and sustained a laceration and puncture of the skin of the scalp.

He was conducted by two or more of his business associates to a first aid station where he received first aid and was sent home.

On the second day thereafter he returned to his office for the purpose of attending a conference, but had to leave the conference because of physical weakness and discomfort. Thereafter he was sent to a hospital where he received treatment for about twelve days.

After this first period of hospitalization he returned to his home and made daily visits to his office for the purpose of putting in some time on his business duties, but he usually did not put in a full day at his office and returned to his home earlier than the end of business hours each day. He thus partially attended to his business duties daily until about the 26th of February, 1943, when, while dressing in the early morning, he collapsed in the bathroom of his home with a paralytic stroke. He thereupon was re-hospitalized and continued in the hospital until about the 5th of May, 1943.

Off and on during most of the time from the day of his injury until the day of his discharge from the hospital and down to the time of the hearings before the Deputy Commissioner, Mr. Piatt complained of headaches and dizziness and of being unable to concentrate his mind efficiently on business tasks. These symptoms were likewise testified to by business associates of Mr. Piatt.

The Deputy Commissioner found that Mr. Piatt's present condition of total disability is the result of the accident which occurred on December 1, 1942. There is ample non-medical testimony in support of that...

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5 cases
  • Southern Stevedoring Co. v. Henderson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 14, 1949
    ...D.C., 23 F.Supp. 748; Ryan Stevedoring Co. v. Norton, Deputy Commissioner, D.C., 50 F.Supp. 221; Liberty Mutual Ins. Co. v. Marshall, Deputy Commissioner, D.C., 57 F.Supp. 177, affirmed, Contractors, Pacific Naval Air Bases v. Marshall, 9 Cir., 151 F.2d 1007; Marine Operators v. Barnhouse, ......
  • Industrial Com'n v. Havens
    • United States
    • Colorado Supreme Court
    • August 26, 1957
    ...v. Cyr, 9 Cir., 200 F.2d 633; Utah Delaware Min. Co. v. Industrial Comm., 76 Utah 187, 289 [136 Colo. 127] P. 94; Liberty Mutual Insurance Co. v. Marshall, D.C., 57 F.Supp. 177. Within the limitations of the law as herein enunciated, I am in accord with the majority HALL, Justice (dissentin......
  • Contractors v. Pillsbury
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 22, 1945
    ...in conjunction with all of the evidence before him. Zurich Gen. Accident Co. v. Marshall, D.C., 42 F.2d 1010; Liberty Mutual Ins. Co. v. Marshall, D.C., 57 F.Supp. 177, 178. The Longshoremen's Act is characterized by liberal provisions respecting mode of proof and the Act should be liberall......
  • Marley Const. Co. v. Westbrook
    • United States
    • Mississippi Supreme Court
    • December 15, 1958
    ...v. Henderson, 5 Cir., 175 F.2d 863; Hampton Roads Stevedoring Corporation v. O'Hearne, 4 Cir., 184 F.2d 76; and Liberty Mutual Insurance Company v. Marshall, D.C., 57 F.Supp. 177. In the case of Hamlin & Allman Iron Works v. Jones, 200 Tenn. 242, 292 S.W.2d 27, 30, the Supreme Court of Tenn......
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