INSURANCE COMPANY OF NORTH AMERICA v. O'KEEFFE

No. 22775.

368 F.2d 341 (1966)

INSURANCE COMPANY OF NORTH AMERICA and Gibbs Corporation, Appellants, v. William M. O'KEEFFE, as Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation Sixth Compensation District, Regarding Award for James C. Buck, Appellee.

United States Court of Appeals Fifth Circuit.

October 27, 1966.


Attorney(s) appearing for the Case

B. T. Miller, Charles Daughtry Towers, Jacksonville, Fla., for appellants, Rogers, Towers, Bailey, Jones & Gay, Jacksonville, Fla., of counsel.

James H. Walsh, Asst. U. S. Atty., Jacksonville, Fla., Alfred H. Myers, Atty., Dept. of Labor, Washington, D. C., Edward F. Boardman, U. S. Atty., Thomas M. Baumer, Asst. U. S. Atty., for appellee, O'Keeffe, Charles Donahue, Sol. of Labor, U. S. Dept. of Labor, of counsel.

Before WISDOM, BELL and GODBOLD, Circuit Judges.


PER CURIAM:

This appeal arises under the provisions of the Longshoremen's and Harbor Workers' Compensation Act, as amended. 33 U.S.C.A. § 901 et seq. The employee whose claim is the basis of the controversy suffered a back injury on October 9, 1961 when appellant insurance company was the insurance carrier for the employer. The issue before the Deputy Commissioner was whether the employee had sustained a new back injury on June 7, 1963 when the employer was covered...

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