Supreme Court of the United States
South Chicago Coal & Dock Co. v. Bassett, Deputy Commissioner
February 26, 1940309 U.S. 251
Summary
The Court held that the deputy commissioner’s finding that Schumann was not a member of a vessel’s crew was supported by evidence and therefore could not be retried by the District Court. Interpreting the statutory crew exclusion in light of the Act’s purpose and legislative history, the Court concluded that the exclusion primarily covers personnel engaged in navigation, not harbor laborers whose work consists principally of loading-related tasks. The Court affirmed the Court of Appeals’ judgment requiring dismissal of the employer’s challenge to the compensation award.
Holding
- Scope of judicial review of the deputy commissioner’s crew-status finding. When whether an employee was a member of a crew turns on factual questions, the deputy commissioner’s finding is conclusive if supported by evidence, and the reviewing court must not conduct a retrial or reweigh the evidence.
- Whether Schumann was a member of the crew excluded from compensation. Schumann was not shown to be a member of the crew for purposes of the Act’s exclusion because his actual work was that of a harbor laborer and did not principally aid navigation; the deputy commissioner’s contrary-to-crew finding was supported by the evidence.
Docket 262
Cited authorities
- 33 U. S. C. 903
- 33 U. S. C. 902
- 33 U. S. C. 905
- 33 U. S. C. 903
- 33 U. S. C. 919
- 44 Stat. 1424
- 41 Stat. 1007
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