Pillsbury

Associated Indemnity Corp. v. Pillsbury

Good Law
147 F.2d 546·1945 A.M.C. 233·1945 U.S. App. LEXIS 3443
United States Court of Appeals for the Ninth CircuitFebruary 7, 1945No. 10807California487 words

Opinion

Lead Opinion

Healy, J.

In February of 1938 appellee Steffen sustained an injury compensable under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq. Although disabled for a few days Steffen shortly resumed work and continued regularly in his employment until August 5, 1938, on which date he became totally disabled in consequence of the injury. The disability persisted up to the time of the filing of his claim for compensation on January 20, 1941. No compensation appears to have been paid him in the interim.

The question is whether the claim was barred under section 13(a) of the Act, 33 U.S.C.A. § 913 (a), because not filed within one year after the injury. The Deputy Commissioner found that the employer had knowledge of the injury at the time of its occurrence but had made no report thereof as required by section 30(a) of the Act. 1 Pie was of opinion that the amendment of June 25, 1938, 52 Stat. 1167 , applied, hence the claim was not barred. Compensation was accordingly awarded. The case duly found its way into the District Court, where the order of the Deputy Commissioner was sustained. The employer and its carrier appeal.

By the amendment of June 25, 1938, Congress…

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