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INTERCOUNTY CONSTRUCTION CORPORATION v. WALTER

No. 73-1569.

500 F.2d 815 (1974)

INTERCOUNTY CONSTRUCTION CORPORATION and Hartford Accident & Indemnity Company v. Noah C. A. WALTER, Deputy Commissioner, U. S. Department of Labor, and Bureau of Employees Compensation, Appellants, Mary Jones, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 1974.

Attorney(s) appearing for the Case

Leavenworth Colby, Sp. Asst. Atty. Gen., U. S. Dept. of Justice, with whom George M. Lilly, Atty., U. S. Dept. of Labor, was on the brief, for appellant. Harold H. Titus, Jr., U. S. Atty. at the time the record was filed and Ellen Lee Park, Asst. U. S. Atty., also entered appearances for appellant.

John C. Duncan, III, Washington, D. C., for appellees.

Maurice C. Goodpasture, Arlington, Va., was on the brief for intervenor.

Before LEVENTHAL and ROBB, Circuit Judges, and SOLOMON, United States Senior District Judge for the District of Oregon.

SOLOMON, District Judge:

The issue presented in this appeal is whether an injured workman who filed a timely compensation claim and whose employer paid compensation without awaiting an award is barred by Section 22 of the Longshoremen's and Harborworkers' Act (Act), 33 U.S.C. § 922, from seeking additional compensation because he did not file a second claim within one year after his employer stopped paying compensation.

Charles E. Jones (claimant) was...

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