O'Leary

This is an appeal from a judgment of the district court enjoining the enforcement of an award under the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C.A. § 901 ' et seq., hereafter the Act, granted by the Deputy Commissioner of the Fourteenth Compensation District, to Genevieve Long for the death of her husband, Frank Long, on the diesel engined vessel, the Coastal Glacier.

Long was licensed as a chief engineer. His death arose from injuries from a fall from the stairs leading down to the engine room on the Coastal Glacier.

The district court held that the Deputy Commissioner’s finding that Long as an employee covered by the Act was not supported by substantial evidence. The Act defines a compensable employee in 33 U.S. C.A. § 902(3) as: “The term ‘employee’ does not include a master or member of a crew of any vessel, nor any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.”'

The district court in enjoining the Commissioner held that Long was a member of a crew at the time he received his injuries and hence not a compensable employee. That court, in reviewing the action of the Deputy Commissioner, is required to sustain his…