Clarence Rupert v. Todd Shipyards Corporation, a Corporation, and Pacific Indemnity Company, a Corporation

Rupert recovered against the Todd Shipyards Corporation, his employer, hereafter the Shipyards, an award by a deputy commissioner under Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., hereafter the Act, for 100% permanent disability, under Section 908(a) of the Act, plus $2,000 for serious facial disfigurement under Section 908(c) (20) of the Act.

The Shipyards brought a civil suit at common law in the District Court below to enjoin the enforcement of that portion of the award for facial disfigurement. The suit was transferred by the District Court to its admiralty side where it was tried in admiralty, both sides acquiescing and so proceeding therein. A decree was entered against Rupert on January 10, 1956. Rupert filed his notice of appeal 86 days later on April 6, 1956.

The Shipyards’ motion for dismissal is based on the contention that the notice of appeal is too late because a suit to determine the validity of an award under the act is not in admiralty but a common law suit. Hence it claims the order transferring the suit to the admiralty side is invalid and though tried there as an admiralty proceeding it remained a common law civil suit in…