Waldemar J. Gerend v. Railroad Retirement Board

Petitioner asks this Court to review the proceedings of, and determination by, the Railroad Retirement Board (herein Board) of the annuity awarded petitioner by the Board. Petitioner asserts that the annuity of $123.76 is smaller in amount than he merits. This Court has a rather limited review power of the Board decision under Section 11 of the Railroad Retirement Act, 45 U.S.C.A. § 228k, which section incorporates by reference Section 5(f) of the Railroad Unemployment Insurance Act, 45 U.S.C.A. § 355 (f). This latter section provides, in part: “ * * * The findings of the Board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive.”

The major point of controversy in this case concerns whether petitioner was employed by Southern Pacific Company (herein Southern Pacific) from midyear 1932 to May, 1938. In September, 1926, petitioner was working for Southern Pacific. At that time he ceased working for this company and began working for Mr. Paul Shoup, then Executive Vice President of Southern Pacific. In employing petitioner it was understood that he was not working for Southern Pacific. Petitioner was made secretary and manager of an association…