Marshall v. Pletz
317 U.S. 383 (1943)

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U.S. Supreme Court

Marshall v. Pletz, 317 U.S. 383 (1943)

Marshall v. Pletz

No. 93

Argued November 19, 1942

Decided January 4, 1943

317 U.S. 383

Syllabus

1. Under the Longshoremen's and Harbor Workers' Compensation Act, an order of a deputy commissioner dismissing a claim as barred under § 13(a) because not filed within one year after the injury is not reviewable by the District Court where the question is factual and when the order is supported by findings of fact which, in turn, are supported by substantial evidence. P. 317 U. S. 388.

2. A tender of compensation by the insurance carrier to an injured employee, kept good to within less than a year of the filing of the employee's claim, is not the equivalent of a payment within the meaning of the exception in § 13(a) of the Longshoremen's and Harbor Workers' Compensation Act, which provides

"that, if payment of compensation has been made without an award on account of such injury . . . , a claim may be filed within one year after the date of the last payment."

P. 317 U. S. 388.

3. The furnishing of medical care to an injured employee up to a time within one year of the presentation of his claim under the Longshoremen's and Harbor Workers' Compensation Act is not "payment of compensation" within the exception in § 13(a) of the Act. P. 317 U. S. 389.

4. The terms "payment" and "compensation" used in § 13(a) of the Act refer to the periodic money payments to be made by the employer. P. 317 U. S. 390.

5. A ground for supporting the judgment below may be considered by this Court though raised here for the first time. P. 317 U. S. 390.

127 F.2d 104 reversed.

Certiorari, post, p. 607, to review the affirmance of a judgment of the District Court which set aside the order made by a deputy commissioner under the Longshoremen's and Harbor Workers' Compensation Act.

Page 317 U. S. 384

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