Pillsbury

This is a suit in equity brought by the plaintiffs, Arrow Stevedore Company and Fireman’s Fund Insurance Company, to vacate and set aside an order made by the defendant Warren H. Pillsbury, Deputy Commissioner for the Thirteenth Compensation District under the Longshoremen’s and Harbor Workers’ Compensation Act, awarding certain additional compensation to defendant George Max, an employee of the stevedore company. Plaintiffs also pray that the payment of the additional compensation be stayed pending the final decision of this cause.

Defendants moved to dismiss the plaintiffs’ bill of complaint. The facts are not in dispute. The question involved is: When an employer appeals within thirty days from a compensation award under the Longshoremen’s and Harbor Workers’ Compensation Act ( 33 U.S.C.A. § 901 et seq.), but fails to make a prescribed payment within ten days’ notice of the award, is it necessary for him within ten days of the notice of the award to apply for an interlocutory injunction staying payment, in order to avoid liability for 20 per cent, additional compensation assessed when the basic award is not paid within ten days?

Although this precise issue has never arisen in…