Voris, Deputy Commissioner, v. Eikel et al., Doing Business As Southern Stevedoring & Contracting Co., et al. (346 U.S. 328)
U.S. Supreme Court · decided November 9, 1953 · Supreme Court Database (Spaeth)
- Citation
- 346 U.S. 328 · 74 S. Ct. 88
- Decided
- November 9, 1953
- Term
- October Term 1953
- Vote
- 9–0
- Majority author
- Justice Warren
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Chief Justice Warren delivered the opinion of the Court. This case involves the proper application of the notice provisions of the Longshoremen’s and Harbor Workers’ Compensation Act (44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq.) by a Deputy Commissioner to the claim of an employee admittedly subject to the provisions of the Act. Section 12 of the Act provides: “(a) Notice of an injury or death in respect of which compensation is payable under this chapter shall be given within thirty days after the date of such injury or death (1) to the deputy commissioner in the compensation district in which such injury occurred and (2) to the employer. “(b) Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf. “(d) Failure to give such notice shall not bar any claim under this chapter (1) if the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier had knowledge of the injury or death and the deputy commissioner determines that the employer or carrier has not been prejudiced by failure to give such notice, or (2) if the deputy…
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