Legal Opinion · Dissent

Employers' Liability Assur. Corp. v. Monahan

Court of Appeals for the First Circuit

Decided June 16, 1937No. 3237Published

1DissentMorton, Circuit Judge

The question involved is a very narrow one of statutory interpretation, viz., whether the date as of which the Deputy Com-' missioner determines whether there is any person entitled to compensation for the death of an employee, is the date of such death or the date on which he makes the determination. This question has already been answered in Federal Mutual Liability Insurance Co. v. Locke, 60 F.(2d) 895, 897 (C.C.A.2) where it was said, “Section 44 (c) (1) [33 U.S.C.A. § 944 (c) (1)] should be interpreted as requiring payment of $1,000 into the special fund only in case there is ‘no person…

2Cases cited3 opinions

  1. Federal Mut. Liability Ins. v. LockeCourt of Appeals for the Second Circuit · 1932
  2. Texas Employers' Ins. v. SheppeardCourt of Appeals for the Fifth Circuit · 1932
  3. Pacific Employers' Ins. v. PillsburyDistrict Court, N.D. California · 1936

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