O’keefe v. Aerojet-General Shipyards, Inc., 404 U.S. 254 (1971)

O’Keefe v. Aerojet-General Shipyards, Inc.,


No. 71-262


Decided December 14, 1971
404 U.S. 254

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Section 22 of the Longshoremen’s and Harbor Workers’ Compensation Act, permitting a Labor Department Deputy Commissioner "[u]pon his own initiative . . . because of a mistake in a determination of fact" to review a longshoreman’s compensation claim within one year after its rejection and issue a new or modified compensation order, held to authorize the Deputy Commissioner to correct factual errors revealed by wholly new or cumulative evidence or further reflection on initially submitted evidence.

Certiorari granted; 442 F.2d 508, reversed and remanded.