Peter v. Arrien, 71-1529.
| Decision Date | 12 May 1972 |
| Docket Number | No. 71-1529.,71-1529. |
| Citation | 463 F.2d 252 |
| Parties | Margaret Kistler PETER et al. v. Phillip F. ARRIEN, Deputy Commissioner United States Employees Compensation Commission, Third Compensation District and Public Contracting Co., Intervening Defendant, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
Laurence Reich, Carpenter, Bennett & Morrissey, Newark, N. J., for appellant.
Milton M. Borowsky, Freedman, Borowsky & Lorry, Philadelphia, Pa., for appellee.
Before HASTIE, VAN DUSEN and ALDISERT, Circuit Judges.
The district court held that the widow and dependent children of Ralph Peter were entitled to compensation for his death under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901. This appeal challenges that decision.
Peter was employed by a contractor engaged in the demolition of a bridge over navigable water of the Delaware River. He drowned when a crane he was operating on a temporary causeway, built for the purposes of this project from the shore out into the stream, toppled into the river.
For reasons stated in the opinion of the district court, 325 F.Supp. 1361, we are satisfied that the circumstances of Peter's employment and death bring the present claim within the coverage of the Longshoremen's Act and that, in the circumstances of this case, the acceptance of payments under a state compensation statute did not preclude recovery under the federal statute.1
The judgment will be affirmed.
1 Recovery was limited to the amount by which benefits under the federal statute exceed those allowed under the state statute.
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Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor v. National Van Lines, Inc.
...this would be a highly inappropriate case for such action. See Peter v. Arrien, 325 F.Supp. 1361, 1366 (E.D.Pa.1971), Aff'd, 463 F.2d 252 (3d Cir. 1972). After the accident Riley was in no position to investigate his rights under District of Columbia law; he merely accepted the lesser payme......
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Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor
...the federal award. See, e. g., Calbeck v. Travelers Insurance Co., 370 U.S. 114, 131, 82 S.Ct. 1196, 8 L.Ed.2d 368 (1962); Peter v. Arrien, 463 F.2d 252 (3 Cir. 1972); Harney v. William M. Moore Building Corp., 359 F.2d 649 (2 Cir. 1966) (dictum); Western Boat Building Co. v. O'Leary, 198 F......
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United Brands Co. v. Melson
...1962), Modified on rehearing, 308 F.2d 570 (5 Cir. 1962); Peter v. Arrien, 325 F.Supp. 1361, 1366 n.2 (E.D.Pa.1971), Aff'd, 463 F.2d 252, 253 n.1 (3 Cir. 1972). See also Newport News Shipbuilding & Dry Dock v. Director, 583 F.2d 1273, 1277 n.4 (4 Cir. 1978), Pet. for cert. filed, --- U.S. -......
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Inman v. Palmetto Bridge Constructors, Inc.
... ... P.A.), Charleston, South Carolina, for employer/carrier ... Peter ... B. Silvain, Jr. (Howard M. Radzely, Solicitor of Labor; Allen ... H. Feldman, ... See Davis v. Dept. of ... Labor, 317 U.S. 249 (1942); Peter v. Arrien , ... 325 F.Supp. 1361 (E.D. Pa. 1971), aff’d, 463 ... F.2d 252 (3d Cir. 1972); ... ...