Henry Thol v. United States

Appellant’s minor son, employed by the United States Forest Service as a smoke jumper, met his death August 5, 1949 in line of duty while attempting with other employees of the Service to suppress a fire raging in a national forest in Montana. In 1951 appellant brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., alleging negligence on the part of the Forest Service officials and praying damages on account of “the loss of the comfort, society, and companionship of his son, and contributions toward his support.” The suit was dismissed on motion of the government on the ground that the complainant’s exclusive remedy is provided by the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq.

While it was not in terms alleged that the complainant is a non-dependent parent, we assume for decisional purposes that such was his status. As a nondependent he is entitled to benefits under the Employees’ Compensation Act to the extent only of a burial allowance in an amount not exceeding $400. 5 U.S. C.A. § 761. Because under the Compensation Act no benefits are payable on account of his asserted loss he urges that the Act should not be…