Pillsbury
Pillsbury v. Liberty Mut. Ins. Co.
Opinion
Opinion
Denman, J.
This is an appeal from a judgment setting aside an order of the deputy commissioner in compensation proceedings before him under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., hereinafter called the Act. The deputy commissioner has held the employee, one Laird, was -entitled to receive $12.50 a week from each of two employers in two different proceedings for injuries in each employment.
When each employer had paid $3,750 under the award in its separate proceeding, one of the employers, petitioned for a termination of its liability because the total paid by the two employers under - the separate liabilities of each amounted to the sum of $7,500. It was contended that such a limit of liability is required by Section 14 (m) of the Act, 33 U.S.C.A. § 914 (m) reading:
The deputy commissioner held that Laird was still disabled and entitled to recover from each more than the $3,750 already paid. He held that each award in the two such different proceedings could amount to more than $3,750 and that the employee was not limited to the $7,500 provided by Section 14 (m) of the Act.