Walker

Walker v. Marshall

Good Law
111 F.2d 794·1940 A.M.C. 1485·1940 U.S. App. LEXIS 4872
United States Court of Appeals for the Ninth CircuitMay 2, 1940No. 9321California400 words

Opinion

Lead Opinion

This is an appeal from a decree dismissing a suit brought by appellant to set aside a compensation order made under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq.

Appellant was injured on February 14, 1934. Appellee, the deputy commissioner, made a compensation order on July 3, 1935, allowing compensation to April 9, 1935, having found that appellant’s disability had terminated on that date. Because of an alleged recurrence of effects of the injury, appellant petitioned the deputy commissioner to review the compensation order of July 3, 1935. A hearing was held, after which on August 17, 1936, the deputy commissioner filed a document stating that he “hereby Reaffirms the said findings of fact contained in the said compensation order and award of compensation filed on July 3, 1935”, Such “document” was set aside on December 6, 1937, in a suit brought by appellant in the court below, and the deputy commissioner was directed to make findings. Obedient to such directions the deputy commissioner made supplementary findings on September 16, 1938, and found that the change in condition of appellant was not the result of the injury on February 14,…

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