Sykes v. O'Hearne

THOMSEN, Chief Judge.

This is a proceeding filed by a longshoreman under 33 U.S.C.A. § 921 to review an order which had rejected his claim for compensation on the ground that he did not sustain an accidental injury arising out of and in the course of his employment on 11 July 1958.

At the first hearing, on motion of claimant, the case was remanded to the deputy commissioner so that he could state whether he had considered the signed statement of a witness, James Bates, as substantive evidence tending to prove a previous injury, or only as impeaching the testimony which Bates had given on the…