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AMERICAN CASUALTY CO. OF READING, PA. v. BRITTON

No. 12251.

227 F.2d 16 (1955)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (sometimes known as American Casualty Company), a corporation, Appellant, v. Theodore BRITTON, Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation, District of Columbia Compensation District, and Edith Dickerson and Liberty Mutual Insurance Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 9, 1955.

Attorney(s) appearing for the Case

Mr. Guy M. Bayes, Washington, D. C., for appellant.

Mr. Ward E. Boote, Asst. Solicitor, U. S. Dept. of Labor, with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee Britton. Mr. Robert L. Toomey, Asst. U. S. Atty., also entered an appearance for appellee Britton.

Mr. John P. Arness, Washington, D. C., with whom Messrs. Arthur J. Phelan and Paul R. Connolly, Jr., Washington, D. C., were on the brief, for appellee Liberty Mut. Ins. Co. Mr. John C. Poole, Washington, D. C., was on the brief for appellee Dickerson. Mr. Dudley G. Skinker, Washington, D. C., entered an appearance for appellee Dickerson.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

Our problem is to decide which of two insurance carriers must discharge an employer's unquestioned liability arising from the claimant's disability due to tuberculosis incurred while serving as a visiting nurse. There are two episodes to be considered. Claimant first contracted tuberculosis while appellant was the carrier over the period from January 31, 1937 to January 31, 1939. Disability then terminated on September 3, 1940 when claimant...

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