Imperato v. Lowe

CLARK, Circuit Judge.

The question here presented is whether or not “tender” is equivalent to “payment” under the Longshoremen’s and Harbor Workers’ Compensation Act, § 22, 33 U.S. C.A. § 922, limiting the period during which a party may seek the reopening and review of an award of compensation under the act to “any time prior to one year after the date of the last payment of compensation.”

From the agreed facts it appears that appellant was injured on January 7, 1936, while employed as a longshoreman' by appellee Commonwealth & Dominion Line, Ltd., and that after the payment of voluntary…