Simmons v. Marshall

DENMAN, Circuit Judge.

This case involves appellant-employee’s rights under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S. C.A. § 901 et seq. The defendant Marshall, Commissioner under the act, refused certain additional compensation claimed by Simmons, whereupon Simmons brought suit in the District Court to set aside the order refusing „ his claim. The District Court sustained the findings and award of the Commissioner, and dismissed the bill.

The following facts are undisputed: On November 28, 1934, and for a week before that, plaintiff,'a painter by trade, was in the employ…