OLJENIK v. O'HEARNE

No. 3509.

135 F.Supp. 496 (1955)

Julius OLJENIK v. Stephen O'HEARNE, Deputy Commissioner, Fourth Compensation District and United States Lines and The Travelers Insurance Company.

United States District Court D. Maryland, Admiralty Division.

November 10, 1955.


Attorney(s) appearing for the Case

Herbert L. Grymes, Baltimore, Md., for libellant.

George Cochran Doub, U. S. Atty., and James H. Langrall, Asst. U. S. Atty., Baltimore, Md. (Stuart Rothman, Solicitor of Labor, Ward E. Boote, Assistant Solicitor and Herbert P. Miller, U. S. Dept. of Labor, Washington, D. C., on brief), for the Deputy Commissioner.

Jesse Slingluff, Jr., Frank T. Gray, and Joseph H. Young, Baltimore, Md., for United States Lines and The Travelers Ins. Co.


THOMSEN, Chief Judge.

This proceeding under Title 33 U.S. C.A. § 921, to review a compensation order disallowing a claim, raises the question whether notice of injury was given to the employer within thirty days, and, if not, whether the employer and insurance carrier waived such failure.

Facts

Oljenik, the claimant, was 67 years old in 1951, and worked irregularly for various stevedoring companies...

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