Warner Co. v. Norton

This is an appeal by an employer from an order of the District Court dismissing its suit to set aside an award of compensation entered by the Deputy Commissioner under the Federal Longshoremens and Harbor Workers Compensation Act, in favor of an employee for injuries received while employed as a bargeman. The ultimate question is whether the employee was "a master or member of a crew" of a vessel within the meaning of the Act which expressly excludes from its purview, inter alia, "A master or member of a crew of any vessel * * * ." 33 U.S.C.A. § 903. The Commissioner, on the facts found by him, concluded that the claimant was a harbor worker and not a master or member of a crew and that he was therefore entitled to the benefits of the Compensation Act. The District Court ruled to like effect.