Didier
Didier v. Crescent Wharf & Warehouse Co.
Opinion
Lead Opinion
Yankwich, J.
An amended petition'was filed on April 24, 1936, by Nellie E. Didier, as guardian, seeking to review the order of Warren H. Pillsbury, Deputy Commissioner of the-United States Employees’ Compensation Commission, .which, on December 12, 1935, denied compensation to Claude Leonard Didier, a minor, by reason of the death, on July 23, 1934, of John Leonard Didier, claimed to be the minor’s father, while employed as a longshoreman by the Crescent Wharf & Warehouse Company. A motion to dismiss with leave to amend was granted as to the original petition to which the Deputy Commissioner was not made a party. The employer and insurance carrier have moved to dismiss the amended petition upon the ground that the court has no jurisdiction to hear and determine the matter. The contention is grounded upon the proposition that the proceeding not having been commenced against the Deputy Commissioner within 30 days after the order was made, it has become final. The contention must be sustained.
Clause (a) of section 921, title 33, U.S. C.A., reads: “A compensation order shall become effective when filed in the office of the deputy commissioner as provided in section 919 of this chapter, and,…