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

These proceedings were instituted in the court below for the purpose of setting aside a portion of a compensation order made under the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, Title 33 U.S.C.A. §§ 901-950 . Upon pre-trial hearing the facts were stipulated and the cause submitted to the court upon the stipulation and briefs of the parties. Thereafter findings and judgment were made and entered setting aside that part of the order which granted the appellant a sum “on account of serious facial disfigurement”. The trial court filed an opinion giving its reasons for the decision, as follows:

“At pre-trial hearing the parties presented a stipulation of facts and submitted the cause for decision upon briefs.

“The admitted facts,' as disclosed by the pre-trial stipulation and the admissions made by the pleadings, are briefly these. On March 27, 1951, while performing services as a stage rigger on the Steamship Cache, afloat off shore from the yards of libelant Todd Shipyards Corporation, respondent Clarence Rupert slipped and fell a distance of approximately sixteen feet, landing on his forehead and face, thereby sustaining serious injuries, totally…