Evening Star Newspaper v. Kemp case brief

Evening Star Newspaper v. Kemp case brief summary
533 F.2d 1224 (1976)

CASE SYNOPSIS

Petitioner company sought review of an order of the Benefits Review Board of the United States Department of Labor which held that respondent widow was entitled to recover compensation for decedent's death under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 et seq.

CASE FACTS
Decedent, a truck driver delivering newspapers for petitioner company, was accidentally killed by a handgun during a paid lull between deliveries. Decedent carried the gun because of fear of being robbed on his route. Decedent was killed when he attempted to retrieve the gun from a coworker.

DISCUSSION:

• The reviewing court found that respondent widow was entitled to recover from petitioner under the Longshoremen's and Harbor Workers' Compensation Act. 
• The evidence as a whole supported the administrative law judge's decision. Decedent was injured during an enforced lull, which was a condition of his employment. 
• The gun was carried for the protection both of himself and of petitioner's property. 
• Compensation was not barred by the act because the injury was not occasioned solely by the intoxication of decedent or by the willful intention of decedent to injure or kill himself or another.

OUTCOME

The order granting compensation for decedent's death to respondent widow was affirmed because substantial evidence supported the finding that his death resulted from injuries sustained in the course of and arising out of his employment.

Recommended Supplements for Administrative Law
Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)