Clark v. Portland General Electric Co.

Appellant seeks a review of an order -dismissing proceedings brought in the •court below to set aside a compensation order made under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U. S.C.A. §§ 901-950.

Appellant was employed by the Portland General Electric Company, a corporation, and at the time of his injury on May 9, 1931, was employed as a laborer on a barge to assist in the unloading of sawdust from the barge, in such shifting of said barge as was necessitated by the unloading operations, and to periodically ascertain the amount of water in the barge. Appellant was endeavoring to ascertain the amount of water in the barge, when he fell through a hatch opening to the bottom of the barge, and was injured.

Through his attorney, appellant presented a claim to the employer. On September 15, 1932, the employer paid appellant $2,750 in consideration of which appellant executed and delivered to the employer a full and complete release of all claims for the injury.

On September 15, 1933, appellant filed a claim for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act. In it appellant described his injury as “Compressed fracture of 12 thoracic…