Pillsbury

Pillsbury v. Liberty Mut. Ins. Co.

Good Law
182 F.2d 743
United States Court of Appeals for the Ninth CircuitJune 28, 195012396California778 words

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.

The two employers and their -insurance carriers sought an injunction in…

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