Pillsbury

Pacific Employers Ins. v. Pillsbury

Good Law
88 F.2d 443·1937 A.M.C. 418·1937 U.S. App. LEXIS 3156
United States Court of Appeals for the Ninth CircuitFebruary 15, 1937No. 8226California1,389 words

Opinion

Lead Opinion

Neterer, J.

(after stating the facts as above).

The Longshoremen’s Act, supra, section 908(f, g), provides increased compensation in the event of permanent total disability following partial disability, and, second, for the maintenance of injured employees undergoing vocational rehabilitation. Section 944(c), Longshoremen’s Act, supra, provides that each employer shall pay $1,000 as compensation for the death of an employee of such employer resulting from injury, where the Deputy Commissioner determines that there is no person entitled under this act to compensation for such death.

Section 15 of the Workmen’s Compensation Law of New York, attacked as unconstitutional, not dissimilar from the issue here in. the vital aspects, held by the Supreme Court as not violative of the Fourteenth Amendment or the Fifth Amendment of the Federal Constitution. See Sheehan Company v. Shuler, 265 U.S. 371 , 44 S.Ct. 548 , 68 L.Ed. 1061 , 35 A.L.R. 1056 ; New York State Rys. v. Shuler, 265 U.S. 379 , 44 S.Ct. 551 , 68 L.Ed. 1064 ; Staten Island Rapid Transit Co. v. Phoenix Co., 281 U.S. 98 , 50 S.Ct. 242 , 74 L.Ed. 726 .

In the case of Crowell v. Benson, 285 U.S. 22 , 52 S.Ct. 285, 289 , 76 L.Ed. 598 ,…

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