Pillsbury

United Engineering Co. v. Pillsbury

Good Law
92 F. Supp. 898·1950 U.S. Dist. LEXIS 2638
United States District Court, Northern District of CaliforniaMay 10, 1950Nos. 28735, 28810, 29058, 29292California1,713 words

Opinion

lead Opinion

Goodman, J.

In these four consolidated actions, the plaintiff employers and their respective insurance carriers have asked this court to set aside and enjoin the enforcement of Compensation Orders and Awards made by the Deputy Commissioner pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1424 , 33 U.S. C.A. §§ 901-950. The question presented is whether the Deputy Commissioner lacked jurisdiction to make the awards because the claims for compensation were not filed within a year after the claimants were injured as is allegedly required by Section 13(a) of the Act. The Deputy Commissioner has moved to dismiss the complaints on the ground that the claims were timely filed and that therefore the awards were proper.

Section 13(a) of the Act provides that “The right to compensation for disability under this, chapter shall be barred unless a claim therefor is filed within one year after the injury, and the right to compensation for death shall be barred unless a claim *900 therefor is filed within one year after the death, except that if payment of compensation has been made without an award on account of such injury or death a claim may be filed within one year after…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.