Brown-Pacific-Maxon, Inc. v. O'Leary

DENMAN, Chief Judge.

This is an appeal from a judgment confirming a compensation award against appellant employer and its insurance carrier for the death of one John Valak made under the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C.A. § 901 et seq., hereinafter called the Act. Valak was drowned in an attempt to rescue an unknown person from a reef off the Coast of Guam. The ground of the appeal here is that the attempt to rescue the distressed unknown was not any work arising out of or in the course of Valak’s employment nor in any recreation engaged in, for his employer’s benefit.

The…