American Mut. Liability Ins. v. Henderson

HOLMES, Circuit Judge.

This appeal challenges the correctness of an award of compensation made under the Longshoremen’s and Harbor Workers’ Compensation Act of 1927, 33 U.S.C.A. § 901 et seq., to Inell Berthy, whose husband died of injuries sustained as an employee of Ryan Stevedoring Company, Inc. The single question presented is whether there was substantial evidence to support the finding of the Deputy Commissioner that Inell Berthy was living apart from her husband for justifiable cause or by reason of his desertion at the time of his death.1

The evidence is clear that Inell Berthy and the…