Munter Construction Co. v. O'Leary
Munter Construction Co. v. O'Leary
Opinion of the Court
This case arose on a petition for judicial review of a compensation order made by appellee, Deputy Commissioner, pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., as made applicable to employment at certain defense areas by 42 U.S.C.A. §§ 1651-54.
The Deputy Commissioner awarded compensation to the wife and dependents of one Ellis, an employee of appellant, who was accidentally killed while helping to roll a log off a railroad right of
The factual situation is obscure and there is no need to develop it in detail. Ellis was concededly appellant’s employee, and there is no sufficient showing of his transfer to an employee-employer relationship with Sparling. Indeed the record affords some reason for believing that the work he was doing at the moment of his death was a part of appellant’s obligation under its contract. The finding of the Deputy Commissioner is supported by substantial evidence on the record considered as a whole, and the judgment below must be affirmed.
Affirmed.
Reference
- Full Case Name
- MUNTER CONSTRUCTION COMPANY, Inc., a corporation, and United States Fidelity and Guaranty Company, a corporation v. J. J. O'LEARY, Deputy Commissioner, Fourteenth Compensation District, U. S. Department of Labor
- Cited By
- 1 case
- Status
- Published