STRACHAN SHIPPING COMPANY v. WEDEMEYER

No. 71-2088.

452 F.2d 1225 (1971)

STRACHAN SHIPPING COMPANY and Texas Employers' Insurance Association, Plaintiffs-Appellants, v. Robert D. WEDEMEYER, Deputy Commissioner, and Steve S. Warchol, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 29, 1971.


Attorney(s) appearing for the Case

Mayo J. Thompson, E. D. Vickery, Houston, Tex., for plaintiffs-appellants ; Royston, Rayzor & Cook, Houston, Tex., of counsel.

Anthony J. P. Farris, U. S. Atty., Jack Shepherd, Asst. U. S. Atty., Houston, Tex., for Wedemeyer.

Ben Ramey, Houston, Tex., Leavenworth Colby, Sp. Asst. Atty. Gen., Morton Hollander, U. S. Dept. of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Alan S. Rosenthal, Attys., U. S. Department of Justice, Washington, D. C., for Warchol.

Before RIVES, AINSWORTH and GODBOLD, Circuit Judges.


RIVES, Circuit Judge :

The sole question to be decided is whether a Deputy Commissioner,1 in making an award of compensation under the Longshoremen's and Harbor Workers' Compensation Act,2 has authority to include interest at the rate of 6 per cent per annum on each installment of compensation from the time payment would have been due had not the employer controverted the right to compensation.

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