Cyr

William Lasche, while at work as a longshoreman, sustained an injury to his left leg on September 6, 1950. Two months later, on November 7, 1950, he fell from a stepladder at his home, sustaining additional injuries. After and pursuant to a single hearing before Deputy Labor Commissioner Albert J. Cyr, Lasche was awarded compensation under the Longshoremen’s and Harbor Workers’ Compensation Act, Title 33 U.S.C.A. §§ 901 to 950, in one award, covering the injuries from both happenings. (“Compensation Order Award of Compensation, Claim No. 3544”, p. 11, Record on Appeal.) The employer and the insurer brought this action, naming both Deputy Labor Commissioners for the 13th Compensation District as defendants, to enjoin enforcement of the award.

The district court, being of the opinion that Lasche was negligent and that his negligence constituted an intervening cause, ruled that no part of the award should be based upon the injuries sustained in the second happening, enjoined enforcement, and remanded the proceedings to the Commissioner with instructions “ * * * [to] fix, after a hearing if necessary, compensation for the period which the original disability of September 6, 1950,…