Cyr

Crescent Wharf & Warehouse Co. v. Cyr

Good Law
200 F.2d 633·1953 A.M.C. 126·1952 U.S. App. LEXIS 3885
United States Court of Appeals for the Ninth CircuitDecember 15, 195213163_1California1,997 words

Opinion

Opinion

McCORMICK, J.

Appellants, as complainants in the District Court, by appropriate proceedings-sought to enjoin a'compensation order and award of death benefits made by Albert J. Cyr, an accredited Deputy Commissioner-under the Longshoremen’s and Harbor Workers’ Compensation Act to Betty Anderson, the widow of Robert Lee Anderr son, deceased, whose death occurred while-he was employed by Crescent Wharf & Warehouse Company, a corporation, as a. longshoreman on board the U.S.S.S. Oglethorpe at Los Angeles Harbor. Appellant Pacific Employers Insurance Company, ai corporation, is a compensation insurance-carrier o-f the employer.

The claim -for compensation which was-filed by the widow was contested by the-employer and insurance carrier on the-ground that the deceased came, to his death, through cause of a heart condition and not as the result of any injury or accident or anything connected with his employment. Both sides offered evidence with respect to> the issue at ,a hearing conducted by the Deputy Commissioner on December 5, 1950,. and at a continued hearing on December 20,- 1950, and upon all the -evidence before-him the Deputy Commissioner issued the-questioned compensation order whereby…

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