Pillsbury

The deputy commissioner made an award in favor of claimant Cora E. Olcott, as the widow of Walter Olcott, under the authority of the Longshoremen’s and Harbor Workers’ Compensation Act, March 4, 1927, c. 509, § 1, 44 Stat. 1424 , 33 U.S.C.A. § 901 . The employer and its insurer brought a proceeding called a libel in district court for review, 33 U.S.C.A. 921(b), and thereafter the court entered a final decree denying any relief and dismissing the libel with costs. The employer and insurer appeal.

There are two points for decision in this appeal. One of them is whether the employer is entitled to a hearing de novo before the district court upon the issue of whether the awardee was the widow of the deceased employee and the other point is, was the proof before -the commissioner sufficient to sustain a finding that the awardee was the wife of the employee. We agree with the district court that a trial de novo was not the right of the employer under the doctrine of the much criticized 1 case of Crowell v. Benson, 285 U.S. 22, 56 , 52 S.Ct. 285 , 76 L.Ed. 598 . In the cited case, in the circumstance that Congress in enacting the Longshoremen’s Act was acting under authority of Art.…