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OLEARY, Deputy Commissioner vs Brown-Pacific-Maxon, Inc

SC disagrees with CA. The test of recovery is not a causal relation between
FACTS: the nature of employment of the injured person and the accident. Not is it
necessary that the EE be engaged at the time of the injury in activity of
R, a government contractor operating on the island of Guam, benefit to his ER. All that is required is that the obligations or conditions of
maintained for its EEs a recreation center near the shoreline, along employment create the zone of special danger out of which the injury
which ran a channel so dangerous for swimmers that its use was arose. A reasonable rescue attempt may be one of the risks of the
forbidden and signs to that effect erected employment, an incident of the service, foreseeable, if not forseen, and
John Valak, the RR, spent the afternoon at the center, and was so covered by the statute.
waiting for his ERs bus to take him form the area when he saw 2
men, standing on the reefs beyond the channel, signaling for help. P treated the question won the particular rescue attempt described by the
He then plunged in to effect a rescue. In his attempt to swim the evidence was one of the class covered by the Act as a question of fact. The
channel, he drowned. conclusion was not a simple external event but it is a combination of
EEs mother filed a claim based on the Longshoremens Act happenings and the inferences drawn from the. SC ruled that the standard is
that discussed in Universal Camera Corp vs NLRBoard: It is sufficienty
The P Deputy Commner found as a fact that at the time of his
described by saying that the findings are to be accepted unless they
drowning and death the deceased was using the recreational
are unsupported by substantial evidence on the record considered as a
facilities made available by the ER for the use of its EEs and such
while.
participation by the deceased was an incident of his employment and
that his drowning and death arose out of and in the course of said
The District Court recognized such standard. And when Court determines
employment. Hence, P awarded a death benefir of $9.38/week
that CA has applied an incorrect principle of law, wise judicial administration
R petitioned the District Court to set aside the award but it was normally counsels remand of the cause to the CA with instruction for
denied on the ground that there is substantial evidence to sustain reconsider. In this case, SC ruled that theres no need to remand. Relevant
the compensation order. standard is not difficult to apply. SC then examined the record to assess the
CA reversed and ruled that the lethal currents were not a part of the sufficiency of the evidence and is satisfied to support Ps findings. Evidence
recreational facilities supplied by the ER and the rescue of the was presented by the written statements of 4 persons and the testimony of 1
unknown man was not recreation. It was an act entirely disconnected witness. Court ruled that it was consistent and credible.
from the use of the recreational camp provided by the ER
DISSENT:
ISSUE: WON the fact findings made by the P Deputy Commissioner are
to be accepted YES There must be more than death and the relationship of EE-ER for ER to be
liable. The evidence presented is not sufficient enough to support the
HELD: conclusion. It is undisputed that the deceased, at the time of death, was
outside the recreational area. There can be no inference of liability unless it
The Longshoremens Act authorizes payment of compensation for accidental follows from the mere relationship or ER-EE. The only relation his
injury or death arising out of and in the course of employment. CA ruled that employment had with the attempted rescue and the following death was that
this standard precluded an award for injuries in an attempt to rescue persons his employment put him on the Island of Guam. Simple put, ER was made
not know to be in the ERs service, undertaken in forbidden waters outside liable only for a fact that he is an ER. Affirm CAs judgment.
ERs premises.

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