Pillsbury
Pacific S. S. Co. v. Pillsbury
Opinion
Lead Opinion
Cosgrave, J.
The bill of complaint in this action seeks suspension and setting aside of the order of Warren H. Pillsbury, deputy commissioner of the Thirteenth compensation district under the Longshoremen's and Harbor Workers’ Compensation Act ( 44 Stat. 1424 , 33 USCA § 901 et seq.), wherein the deputy commissioner awarded to V. H. Hammer compensation for injury suffered while working as a stevedore on board a lighter then alongside one of the plaintiff’s.ships at the port of San Diego. Compensation was awarded at the rate of $25 a week under section 10 of the act (33 USCA § 910).
Claimant had been employed as teamster for San Diego county for a number of months, and began work as a stevedox’e on April 6, 1930. He continued in this employment until August 16th following, a period of 4% months, when the accident occurred from which he suffered the injury. It was admitted that this was in the course of his employment.
The testimony on which the award is based is so confusing and uncertain as to render a clear finding of facts by the commissioner very difficult and a review of the evidence by the court equally so. Claimant stated that he had worked as much as five days a week and a total of…