Pillsbury
Brown-Pacific-Maxon, Inc. v. Pillsbury
Opinion
lead Opinion
Goodman, J.
Plaintiff seeks to set aside a compensation order made by the Deputy Commissioner pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1424 , 33 U.S.C.A. § 901 et seq., as made applicable to employment at military bases of the United States outside the continental United States by the Defense Bases Act, as amended, 55 Stat. 622 , 42 U.S.C.A. §§ 1651-1654 . The order awarded compensation to George D. Canaday for injuries received in an automobile accident which occurred on May 29, 1949 while he was employed by plaintiff as a heavy-duty mechanic on the Island of Guam. The question tendered is whether there is substantial evidence in the record before the Deputy Commissioner, considered as a whole, to support the finding that Canaday’s injuries arose out of and in the course of his employment.
The only evidence in the record on this issue is Canaday’s own undisputed testimony. He testified that while he was *422 employed on the Island of Guam, he was housed by plaintiff in a barracks at a camp some seven or eight miles from Agana, the principal city of the Island. “Ample” recreation facilities were available at the housing area itself including a theater,…