Parker v. Motor Boat Sales, Inc.
314 U.S. 244 (1941)

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U.S. Supreme Court

Parker v. Motor Boat Sales, Inc., 314 U.S. 244 (1941)

Parker v. Motor Boat Sales, Inc.

No. 46

Argued November 19, 1941

Decided December 8, 1941

314 U.S. 244

Syllabus

1. In this proceeding under the Longshoremen's and Harbor Workers' Act for compensation for the death of an employee, the evidence was clearly sufficient to support the Deputy Commissioner's finding that the deceased, at the time of his death, was acting in the course of his employment, and therefore the finding was conclusive. P. 314 U. S. 246.

2. The application of the Longshoremen's and Harbor Workers' Act to a case where the employee, at the time of his death, was acting in the course of his employment and was riding in a boat on a navigable river, is exclusive, even though the employee usually was engaged in the performance of nonmaritime duties. P. 314 U. S. 246.

The case is not within the provision of § 3(a) excepting from the coverage of the Act cases in which recovery may validly be provided by state law.

3. A contention that an award under the Longshoremen's and Harbor Workers' Act was void Under § 5 of the Act because the claim for compensation was made by the widow, rather than by the "legal representative" of the deceased, comes too late when raised for the first time in the Circuit Court of Appeals. P. 314 U. S. 251.

116 F.2d 789 reversed.

Certiorari, 313 U.S. 554, to review the reversal of a decree sustaining an award of compensation under the Longshoremen's and Harbor Workers' Act.

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