Pillsbury

This action was brought on the law-equity side to review, enjoin enforcement of, and have set aside as “not in accordance with law”, 33 U.S.C.A. § 921 (b), that portion of a compensation order under the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat.' 1424 (1927), 33 U.S.C.A. §§ 901-950 , granting Clarence Rupert $2,000 “on account of serious facial disfigurement”, in addition to a full statutory award for “permanent total disability.” Id. § 908 (a).

The suit should have been brought in admiralty, and upon the Court’s own initiative is transferred to the admiralty docket, since the Act under which jurisdiction is invoked is part of the maritime law of the United States. Koblikin v. Pillsbury, 9 Cir., 1939, 103 F.2d 667, 670-671 , affirmed, 1940, 309 U.S. 619 , 60 S.Ct. 465 , 84 L.Ed. 983 ; cf. Doucette v. Vincent, 1 Cir., 1952, 194 F.2d 834, 839-842 ; Jordine v. Walling, 3 Cir., 1950, 185 F.2d 662 .

At pretrial hearing the parties presented a stipulation of facts and submitted the cause for decision upon briefs.

The admitted facts, as disclosed by the pretrial stipulation and the admissions made by the pleadings, are briefly these. On March 27, 1951, while…