Marshall
Luckenbach S. S. Co. v. Marshall
Opinion
Lead Opinion
Healy, J.
The appeal is from an order dismissing the complaint of the Luckenbach Steamship Company and its insurance carrier *807 (appellants) in a suit to enjoin the enforcement of an order of a deputy commissioner made in a compensation proceeding. Longshoremen’s & Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq.
In 1936 appellee Sprizer was injured while working as a longshoreman on one of the Luckenbach ships. An award of compensation for total disability followed. In December, 1938, during the term of the award, appellants requested Sprizer to enter a hospital for observation and examination for the purpose of determining what additional or different treatment was indicated for the relief or cure of his disability. Sprizer refused to comply, giving as a reason the distrust he felt of one of the two physicians under whose direction he was advised the examination would be made. Incidentally, neither physician appears to have been a medical officer of the United States or a physician designated or approved by the commission. The matter was brought to the attention of the deputy commissioner, and after a hearing the latter found that Sprizer’s refusal to submit to examination…