AMERICAN UNION TRANSPORT, INC., AS OWNER OF THE STEAMSHIP TRANS-UNION, LIBELLANT-APPELLANT,
v.
MATTON TRANSPORTATION CO., INC., RESPONDENT-APPELLEE, TUG JOHN E. MATTON, TUG JOHN E. MATTON, INC., CLAIMANT-APPELLEE. TRANSAMERICAN STEAMSHIP CORPORATION AND AMERICAN UNION TRANSPORT, INC., RESPONDENTS-APPELLANTS, AND MATTON TRANSPORTATION CO., INC., RESPONDENT-IMPLEADED-APPELLEE, TUG JOHN E. MATTON, TUG JOHN E. MATTON, INC., CLAIMANT-IMPLEADED-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the deputy commissioner's decision that a petition to modify a workers' compensation award, filed more than two years after the last compensation payment, was time-barred by the statute of limitations.
The court held that a petition for modification of a workers' compensation award, based on a change in condition or mistake of fact, must be filed within two years of the last compensation payment or rejection of the claim.
A claimant received temporary total and permanent partial disability benefits for a myocardial infarction. After the stipulation was finalized and pay…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
SS Transunion, which struck and damaged grain chutes at a Cargill pier at Albany when poorly managed in a strong wind, appeals from dismissal of its impleading petition and cross-libel against the tug John E. Matton which at the moment of damage was endeavoring to assist the Transunion. The ship’s version of the accident was that instead of pulling the ship’s bow from the pier the tug pushed, the tug’s version that she was pulling but, called too late, unable in time to rescue the ship from the imminent collision with the dock structure. The issue was purely one of fact, resolved by an experienced trial judge on conflicting testimony. The judgment is surely not clearly erroneous. McAllister v. United States, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McALLISTER v. United States, 348 U.S. 19 (U.S. 1954)
- In re Disbarment of Isserman, 348 U.S. 1 (U.S. 1954)