Legal Opinion

Berry v. United States

District Court, D. Oregon

Decided October 11, 1957No. Civ. 9081PublishedCited by 11 opinions

1Opinion of the Court

SOLOMON, District Judge.

The defendant’s motion to dismiss the complaint is granted.

The plaintiff has admitted 1 that the injury which was allegedly aggravated by the negligence of defendant’s doctors was sustained while in the course of her employment by the United States Government. The Federal Employees’ Compensation Act is the exclusive basis for recovery for injuries received in the course of federal employment. 5 U.S.C.A. § 757(b). The act requires that the government supply medical attention for such injuries when practicable. 5 U.S.C.A. § 759. In my view, compensation under the Act…

2Cases cited2 opinions

  1. Canon v. United StatesCourt of Appeals for the Ninth Circuit · 1951
  2. United States v. Myrtle CanonCourt of Appeals for the Ninth Circuit · 1954

3Cited by11 opinions

  1. Morrison v. CommissionerUnited States Tax Court · 1983
  2. Annunzio Somma v. United StatesCourt of Appeals for the Third Circuit · 1960
  3. McAlister v. Methodist Hospital of MemphisTennessee Supreme Court · 1977
  4. Austin v. Johns-Manville Sales Corp.District Court, D. Maine · 1981
  5. Griffin v. Monsanto Co.Supreme Court of Arkansas · 1966

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