Penn Jersey Welding Co. v. Lowe, Deputy Commissioner

HASTIE, Circuit Judge.

This appeal presents the single question whether death benefits payable to a workman’s widow under Section 9 of the Longshoremen’s and Harbor Workers’ Compensation Act 1 2 should be measured by the provisions of that section in effect at the time the workman was injured or by the more liberal provisions of the section as amended after his injury but before his death. 3 The award as administratively determined and ordered gave the widow the benefit of the amendment. This suit challenges that action.

In amending the statute, Congress adverted to and expressly covered the…