Peterson

Appellants seek review of an order setting aside an award and compensation order made by Marshall as Deputy Commissioner, under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U. S.C.A. § 901 et seq.

On May 11, 1938, Peterson while working as a longshoreman for the employer or employers here involved, sustained an injury to his left leg. Peterson filed with Marshall a claim for compensation. Upon hearing thereof, the only question at issue was “the determination of the average annual earnings of the claimant at the time of his injury” as stated by Marshall in his findings.

In determining that issue, Marshall said: “* * * During the period from September, 1936, to September, 1937, the claimant was employed in a lath mill and in an insulating board factory, earning a total in wages of $1,300.00. From December 31, 1937, to the date of his injury, May 11, 1938, the claimant was intermittently employed as a longshoreman at St. Helens, in the State of Oregon. His status was that of a permit man, and he had opportunity to secure employment at the occupation of *548 longshoring out of that port only after all the members of the longshoremen’s union were employed. From…