SHARON L. DE LANGE, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

9th Cir. | 1967-02-09
No. 21212
372 F.2d 134 United States Court of Appeals for the Ninth Circuit (1967) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the judgment below; holding that the communicated diagnosis was a representation. (Hall v. United States, 274 F. 2d 69 (10th Cir. 1959).) An incorrect representation is “misrepresentation” within the meaning of the statute (28 U.S.C.A. §§ 2674 and 2680(h)), whether wilful or based upon negligence in ascertaining the facts represented. (United States v. Neustadt, 366 U.S. 696, 702, 81 S.Ct. 1294, 6 L.Ed. 2d 614 (1961).) Cf. Hungerford v. United States, 307 F. 2d 99, 102 (9th Cir. 1962). The appellant would not have undertaken to be examined, but for her employment. Her exclusive remedy is to seek relief for Workmen’s Compensation benefits. 5 U.S.C.A. § 8101 et seq.; § 8171-8173; and 33 U.S.C.A. § 901 et seq.


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