Fireman's Fund Ins. v. Van Steene

By this appeal, appellants seek reversal 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.

In 1924, Van Steene sustained an injury to his right foot at Seattle, Washington. On October 7, 1934, Van Steene sustained another injury to his right foot at Portland, Oregon. On May 7, 1936, Van Steene sustained another injury to the same foot, at Portland, Oregon, while working as a longshoreman. He filed a claim for compensation with Marshall. At the hearing cn the claim evidence was introduced of the previous earnings of other employees in the same class as was Van Steene.

In determining the amount of Van Steene’s average annual earnings, Marshall, in his findings, said: “* * * that during the year immediately preceding his injury the claimant had been disabled as the result of a prior injury until his return to work on February 3, 1936; that from February 3, 1936, to and including the time of his injury on March 7, 1936, the claimant earned as a longshoreman a total of $114.66 in 33-% days; that considering the claimant’s earnings during the period…