Lee McKinney v. J. J. O'leary, Deputy Commissioner, Fourteenth Compensation District

This is an appeal from a summary judgment in favor of defendant-appellee, J. J. O’Leary, Deputy Commissioner, in *372 an action to review appellee’s order rejecting the claim of Lee McKinney, plaintiff-appellant, for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act ( 33 U.S.C. § 901 et seq.).

Appellant was injured on the night of March 26-27, 1964 while working as a welder for Puget Sound Bridge and Drydock Company on a vessel owned by the United States Navy. He reported the accident orally to his employer at the time of its occurrence. The employer filed the “Employer’s First Report” of the accident with the Deputy Commissioner on April 1, 1964. The Deputy Commissioner assigned a number to the claim, and all subsequent documents were filed under that number. Notice of the accident was also given to the employer’s insurance carrier, Employer’s Mutual Liability Insurance Company of Wausau. On April 7, 1964, the attending physician submitted his report.

Appellant called the office of the Deputy Commissioner on April 13 regarding his compensation, and on the same date a claims examiner in the office wrote the insurance carrier (with a copy to appellant)…

(dissenting):

I respectfully dissent, even though the majority limits its opinion to “the special circumstances of this case.” Despite that, and also despite the concession made by the Attorney General on this appeal, I am more persuaded by the argument made by the United States Attorney in the court below; therefore, I feel obliged to record my view that the Deputy Commissioner and the District Court correctly applied the law.

I would affirm.

460 F.2d 371 Lee McKINNEY, Plaintiff-Appellant, v. J. J. O'LEARY, Deputy Commissioner, Fourteenth Compensation District, Defendant-Appellee. No. 25980. United States Court of Appeals, Ninth Circuit. May 4, 1972. John R. Stair (argued), Seattle, Wash., for plaintiff-appellant. Stan Pitkin, U. S. Atty., Albert E. Stephan, Asst. U. S. Atty., Seattle, Wash., Morton Hollander, Leavenworth Colby, Washington, D. C., for defendant-appellee. Before JERTBERG and ELY, Circuit Judges, and JAMESON, District Judge * . PER CURIAM: 1 This is an appeal from a summary judgment in favor of defendant-appellee, J. J. O'Leary, Deputy Commissioner, in an action to review appellee's order rejecting the claim of Lee McKinney, plaintiff-appellant, for compensation under the Longshoremen's and Harbor Workers' Compensation Act ( 33 U.S.C. Sec. 901 et seq.). 1 2 Appellant was injured on the night of March 26-27, 1964 while working as a welder for Puget Sound Bridge and Drydock Company on a vessel owned by the United States Navy. He reported the accident orally to his employer at the time of its occurrence. The employer filed the "Employer's First Report" of the accident with the Deputy Commissioner on April…