Marshall v. Pletz, 317 U.S. 383 (1943)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
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. 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. 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. 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. 390.
5. A ground for supporting the judgment below may be considered by this Court though raised here for the first time. P. 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.
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Chicago: U.S. Supreme Court, "Syllabus," Marshall v. Pletz, 317 U.S. 383 (1943) in 317 U.S. 383 317 U.S. 384. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=KS9X4HHGYT91NRM.
MLA: U.S. Supreme Court. "Syllabus." Marshall v. Pletz, 317 U.S. 383 (1943), in 317 U.S. 383, page 317 U.S. 384. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KS9X4HHGYT91NRM.
Harvard: U.S. Supreme Court, 'Syllabus' in Marshall v. Pletz, 317 U.S. 383 (1943). cited in 1943, 317 U.S. 383, pp.317 U.S. 384. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=KS9X4HHGYT91NRM.
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