LOCATION:Superior Court of Los Angeles County, CA
DOCKET NO.: 74-362
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit
CITATION: 422 US 1 (1975)
ARGUED: Apr 23, 1975
DECIDED: Jun 16, 1975
Frank H. Easterbrook – for respondents, pro hac vice, by special leave of Court
Frank H.Easterbrook –
John C.Duncan III –
John C. Duncan, III – for petitioners
Media for Intercounty Construction Corporation v. Walter
Audio Transcription for Opinion Announcement – June 16, 1975 in Intercounty Construction Corporation v. Walter
Warren E. Burger:
The judgment and opinion of the Court in No. 74-362, Intercounty Construction Corporation against Walter will be announced by Mr. Justice Rehnquist.
William H. Rehnquist:
Section 13 of the Longshoremen’s and Harbor Workers’ Act requires the filing of a claim under the Act within one year of injury.
The only question presented by this case is whether another Section of the same Act bars consideration of a claim which has been timely filed under Section 13 but which has not been the subject of an order or award by the officials charged with administration of the Act within one year after the cessation of voluntary compensation payments.
The United States Court of Appeals for the District of Columbia Circuit whose judgment we review here held that Section 22, the other Section of the Act didn’t impose any bar.
While Section 22 on its face is ambiguous, the legislative history indicates that Congress intended the one year time limit contained in 22 to apply only to the power to modify previously entered orders and not to the initial entry of orders on claims timely filed under Section 13.
Accordingly, the judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.
Warren E. Burger:
Thank you Mr. Justice Rehnquist.