The original award was made by the Deputy Commissioner on December 24, 1941. The employer filed an application for review and after further hearing on January 19, 1942, the Deputy Commissioner, on January 27, 1942, filed an opinion affirming his earlier finding and ordered the application for review he rejected "on the ground that no mistake in the finding of fact was made in the previous order." At the hearing on January 19, 1942 testimony was taken of a physician who had treated Glover in the hospital.
In my opinion the motion to dismiss must be granted. This Court is not a fact-finding body in compensation cases. It is true that the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., has been construed, in Crowell v. Benson, 285 U.S. 22, 54, 52 S. Ct. 285, 76 L. Ed. 598, to empower the District Court upon petition to try certain fundamental and jurisdictional issues; but since no such application has been made in this case, the duty of the District Court is limited to determining whether the findings of the Deputy Commissioner are supported by the evidence. Georgia Casualty Co. v. Hoage, 61 App.D.C. 195, 59 F.2d 870; Lowe et al. v. Central Railroad Company of New Jersey, 3 Cir., 113 F.2d 413. In the Lowe case the Court said, at page 415 of 113 F.2d: "* * * Where the evidence permits an inference either way the deputy commissioner alone is empowered to draw the inference; his decision as to the weight of the evidence is conclusive. * * *"
It is well settled that the District Court, in reviewing the finding of a Deputy Commissioner, is "precluded from weighing the evidence, being required to examine the record and ascertain whether there was any evidence to support the commissioner's finding". South Chicago Coal & Dock Co. et al v. Bassett, Deputy Commissioner, etc., 309 U.S. 251, 60 S. Ct. 544, 546, 84 L. Ed. 732; Crowell v. Benson, supra. In the latter case it was held that a Deputy Commissioner's finding of fact, if there was evidence to support it, was "conclusive", and that it was the duty of the District Court to ascertain whether it was so supported, and if so, to give the finding effect without a retrial. See also Del Vecchio v. Bowers, 296 U.S. 280, 287, 56 S. Ct. 190, 80 L. Ed. 229; The Admiral Peoples, 295 U.S. 649, 653, 55 S. Ct. 885, 79 L. Ed. 1633; Voehl v. Indemnity Insurance Co., 288 U.S. 162, 166, 53 S. Ct. 380, 77 L. Ed. 676, 87 A.L.R. 245; L'Hote v. Crowell, 286 U.S. 528, 52 S. Ct. 499, 86 L. Ed. 1270, and Ryan Stevedoring Company, Inc., et al. v. Henderson et al., 5 Cir., 138 F.2d 348, the most recently reported decision touching upon the subject.
The entire record is before me. Since that record, upon examination, is seen to afford ample support for the finding and award of the Deputy Commissioner, no useful purpose can be served by allowing further proceedings upon the complaint. The motion to dismiss is therefore granted.
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