Appendix — Gondeck v. Pan American World Airways, Inc.

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STATUTES INVOLVED

5 US.C. 1009.

“* * * the reviewing court shall decide al] relevant

questions of law * * * It shall * * * hold unlawful and

set aside agency action, findings and conclusions found

to be (1) arbitrary, capricious, an abuse of discretion, or

otherwise not in accordance with law; (2) contrary to con-

stitutional right, power, privilege, or immunity; (3) in

excess of statutorv iurisdiction, authority, or limitations,

or short of statutory right; (4) without observance of

procedure required by law; (5) unsupported by substan-

tial evidence * * *; (6) unwarranted by the facts to the

extent that the facts are subject to trial de novo by the

reviewing court. In making the foregoing determinations

the court shall review the record * * *”

42 U.S.C. 1651.

Compensation authorized—places of employment.

a) Except as herein modified, the provisions of the

Longshoremen’s and Harbor Workers’ Compensation Act,

as amended, shall apply in respeci “9 the injury or death

of any employee engaged in any employment,

(1) at anv military, air or naval base accuired after

January 1, 1940, by the United States from any foreign

government.

33 U.S.C. 920.

Presumptions. In any proceeding for the enforcement

of a claim for compensation under this chapter it shall

be presumed, in the absence of substantial evidence to the

contrary,

eteitaisasiesiastetreercsrve icin ccoutn AS ee

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a) That the claim comes within the provisions of this

chapter.

c) That the injury was not occasioned solely by the

intoxication of the injured employee.

d) That the injury was not occasioned by the willful

intention of the injured employee to injure or kill him-

self or another.

33 U.S.C. 903.

Coverage.

b) No Compensation shall be payable if the injury

was occasioned solely by the intexication of the employee

or by the willful intention of the employee to injure or

kill himself or another.

33 U.S.C. 921(b).

Review of compensation orders.

b) If not in accordance with law, a compensation

order may be suspended or set aside, in whole or in part,

through injunction proceedings, mandatory or otherwise,

brought by any party in interest against the deputy com-

missioner making the order, and instituted in the Federal

district court for the judicial district in which the injury

occurred.

eh ual:

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OPINIONS AND JUDGMENTS OF THE COURTS

BELOW

Opinion of the Court of Appeals

IN THE

United States Court of Appeals

FOR THE FIFTH CIRCUIT.

No. 18897

UNITED STATES OF AMERICA and

JEANETTE E. GONDECK, Intervenor,

Appellants,

VS.

PAN AMERICAN WORLD AIRWAYS, INCORPORATED,

and THE TRAVELERS INSURANCE COMPANY,

Appellees,

APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA.

(February 9, 1962)

Before JONES and BELL, Circui. Judges, and SIMPSON,

District Judge

JONES, Circuit Judge: The district court set aside

an order of William M. O’Keeffe, Deputy Commissioner,

Department of Labor, by which compensation was awarded

to Jeanette E. Gondeck for the death of her husband,

Frank J. Gondeck, pursuant to the provisions of the De-

fense Base Compensation Act, 42 U.S.C.A., § 1651 et seq.

By this statute the employees under it were covered by

the provisions of the Longshoremen’s and Harbor Work-

Sec rseteen mes err TEEPE TERN LASSE AGS We Dane AN SAN mp NE

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ers’ Compensation Act, 33 U.S.C.A., § 901 et seq. The evi-

dentiary facts are stipulated. The inferences drawn from

the stipulated facts by the Deputy Commissioner and his

findings are challenged.

Frank J. Gondeck, a Florida resident, was employed by

Pan American World Airways in March, 1958, as a diesel

generator operator at a defense base on San Salvador Is-

land, British West Indies. His work required him to put

in an eight-hour shift on the job after which he was off

twenty-four hours. He was subject to call for emergencies

when off duty. He lived at a dormitory on the Base. There

was a recreation center on the Base known as the Reef

Club. At Cockburn Town, about three miles from the Base,

was a night club known as the Blue Marlin Club. Pan

American operated a bus on a regular schedule for trans-

porting its employees, without charge, between the Base

and the town. Pan American supplied a jeep for transport-

ing the diesel operators to and from the several generating

plants.

Gondeck went off duty at 4:00 o’clock on the after-

noon of April 24, 1958. With seven or eight other em-

ployees he went to the Reef Club where they sat around

drinking champagne, with time out for chow, until about

7:30 o'clock in the evening when Gondeck, in the company

of James F. Norman, Fox F. Fry and R. M. Smith, took off

in the jeep for town. They went to the Blue Marlin, a

native club, where they stayed for about fifteen minutes,

had a beer, and started back to the Base with Norman driv-

ing the jeep. The use of the jeep for personal missions of

employees was forbidden by Pan American. Norman and

Smith had been warned a few days earlier that the jeep was

not to be used except for official business. It was not

shown whether this was known by Gondeck. As the jeep

approached the gate to the Base, it went out of control,

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skidded, and turned over. Smith was killed. Gondeck

sustained brain injuries from which he died three days

later. In his order making an award of compensation the

Deputy Commissioner found, among other things, that

Gondeck had completed his day’s work and was, on the

journey to Cockburn Town, seeking reasonable recreation

and entertainment, that he was on call for emergency duty.

An award was made to the widow for herself and the child

of the decedent by the Deputy Commissioner against Pan

American and Travelers Insurance Company, its compen-

sation insurance carrier.

Pan American and the Travelers insurance Company

brought suit against the Deputy Commissioner to set aside

the award and to enjoin its enforcement. The United

States Attorney represented the Deputy Commissioner in

the litigation. Jeanette E. Gondeck intervened. On Sep-

tember 15, 1960 (and here the dates begin to become im-

portant), the district court made and filed findings of fact

and conclusions of iaw in which it was stated that there

was no substantial evidence that Gondeck was engaged

in the scope of his employment at the time of his injury

or that his injury and subsequent, death arose out of or in

the course of his employment. It was concluded that the

award should be set aside. On September 21, 1960, the

Deputy Commissioner filed a motion to amend the find-

ings and conclusions or for a new trial. On September 26,

1960, Mrs. Gondeck filed a similar motion. The court’s

judgment setting aside the award and enjoining its enforce-

ment was dated November 7, 1960, and filed on the follow-

ing day, November 8, 1960. On November 16, 1960, orders

were entered denying the two motions. On January 13,

1961, the United States, which was never a party to the

suit, filed a notice of appeal, not from the judgment, but

from the order “denying Motion to Amend Findings of

Fact and Conclusions of Law and denying Motion for New

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Trial.” On January 13, 1961, the intervenor filed a notice

of appeal from the final judgment of November 8, 1960, and

the order of November 16, 1960. The appellees have moved

to dismiss the appeal of the United States on the ground

that it was not and is not a party and has no right to ap-

peal, that the order on the motion for which it attempts

to appeal is not a final order. and that the appeal was not

taken within the time permitted by the rules. The ap-

pellees aiso move to dismiss the appeal by the intervenor

on the ground that her appeal was not taken within the

prescribed time.

We think there rrust be a dismissal of what purports

to be an appeal of the United States. It was not a party to

the proceedings in the district court and would not have

been a proper party had it sought to become one. The

identity of the United States and uy the Deputy Commis-

sioner are separate. No notice of appeal was filed by the

Deputy Commissioner although the United States Attor-

ney filed in his name a statement of “points on appeal”

and a designation of the record on appeal. These do not

make an appellant out of either the United States or the

Deputy Commissioner. These matters do not preclude

the intervenor, Jeanette E. Gondeck, from taking an ap-

peal by the timely filing of a notice of appeal. Whether

she has done so is one of the questions for our decision.

The appeal of the intervenor was, we conclude, taken

within the prescribed time. The running of the time

for taking an appeal is suspended until disposition is made

of a timely motion to amend or make additional findings

of fact. Rule 73 (a), Fed. Rules Civ. Proc., 28 U.S.C.A.

Where, as in the case here, the motion presented a sub-

stantial question and the motion is not disposed of either

expressly or by necessary implication, by the judgment,

the rule is applicable although the motion was made be-

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saan eee aN | |

fore but not overruled until after the judgment. Phinney

v. Houston Oil Field Material Co., 5th Cir., 1958, 252 F.

2d 357; Partridge v. Presley, 88 U.S. App. D.C. 298, 189 F.

2d 645, cert. den. 342 U.S. 850, 72 S. Ct. 79, 96 L. Ed. 642.

Cf. United States v. Crescent Amusement Co., 323 US.

173, 65 S. Ct. 254, 89 L. Ed. 160. The order on the motion

was entered November 16, 1960. The Intervenor’s notice

oi appeal was filed on January 13, 1961. The Deputy Com-

missioner was an officer of the United States and therefore

the time of taking an appeal was sixty days as to all part-

ies, including the intervenor. 28 U.S.C.A., § 2107, Rule 73

(a) supra.

The intervenor-appellant asserts that “In the absence of

a finding that Gondeck was injured and killed within the

terms of Sec. 903 (b),' the award must be reinstated. This

is not an accurate statement, at least since the passage of

the Administrative Procedure Act,” of the principle gov-

erning a judicial review of an administrative determina-

tion. The findings are to be accepted unless they are un-

supported by substantial evidence on the record considered

as a whole. O’Leary v. Brown-Pacific-Maxon, Inc., 346 U.S.

504, 71 S. Ct. 470, 95 L. Ed. 483; Universal Camera Corp.

v. National Labor Relutions Board, 340 U.S. 474, 71 S. Ct.

456, 95 L. Ed. 456. The intervenor urges the p.cposition

that Gondeck was entitled to seek recreation away from

the base where he was employed as an incident of his em-

ployment and, having received the injuries resulting in

his death in returning from a recreational excursion, it

follows that death benefits under the Act are payable. The

doctrines applicable cannot be stated by such a broad

1. \o compensation shal! be payable if the injury was occa-

sioned soiely by the intoxication of the employee or by the willful

intention of tne employee to injure or kill himself or another. 33

US.C.A., § 903(b).

2. 5 U.S.C.A. §§ 1001-1011.

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theorem. Professor Larson, thus announces the general

principles:

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“Recreational or social activities are within the

course of employment when

“(a) They occur on the premises during a

lunch or recreation period as a regular incident of

the employment; or

“(b) The employer, by expressly or impliedly

requiring participation, or by making the activity part

of the services of an employee, brings the activity

within the orbit of the employment; or

“(e) The employer derives substantial direct

benefit from the activity beyond the intangible value

of improvement in employee health and morale that

is common to all kinds of recreation and social life.”

1 Larson’s Workmen’s Compensation Law 328, § 22.00.

The stated tests are not here met. We do not think it

can be said that the employer sponsored the activity of

going to Cockburn Town for recreation because it fur-

nished free bus service between the town and the base.

if such sponsorship could be inferred it would not inhere

in an expedition made in the employer’s jeep which the

employees were prohibited from using for such purposes.

The intervenor contends that Gondeck was subject to call

at all times and that this, in some manner rade his fatal

injury an occurrence in the course of employment. The

premise is unsupported and it is the Deputy Commission-

er’s finding that Gondeck was injured and killed “when,

having completed his day’s work” he journeyed to town,

drank a beer, and was returning to his quarters. The in-

jury did not occur on the employer’s premises nor during

the employee’s working tiric, The injury and death of

Gondeck were wholly disassociated from his employment

environment. He had not been using recreational facilities

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furnished by the employer nor did he use the means of

travel to and from the place of recreation furnished by the

empioyer. Io benefit to the employer has been shown to

result from the going by Gondeck to a native club for a

beer unless it be for the intangible and, we think, im-

material benefit of improvement of morale that might be

the consequence of such an excursion. The trip cannot

be regarded as necessary travel to and from work. We

find no evidence that furnishes a link by which the ac-

tivity in which Gondeck was engaged was related to his

employment. Larson, supra, 328-342, §§ 22.00-22.30; 99

C.J.S. 737 et seq., Workmen’s Compensation, § 221 c; 58 Am.

Jur. 743; Workmen’s Compensation § 237; O’Leary v.

Brown-Pacific-Maxon, Inc., supra; Ward v. Cardillo, D.C.

Cir. 1943, 77 App. D.C. 343, 135 F.2d 260; N. L. Demaia

v. Employers Liability Assurance Corp., 5th Cir. 1953,

250 F.2d 799, cert. den. 358 U.S. 845, 79 S. Ct. 69, 3 L. Ed.

2d 79; National Surety Corporation v. Bonds, 5th Cir. 19€0,

275 F.2d 389, cert. den. 364 U.S. 849, 81 S. Ct. 93, 5 L. Ed.

2d 73; Brown-Pacific-Maxon, Inc., v. Pillsbury, D.C.N.D.

Calif. 1953, 132 F. Supp. 421.

The apveal of the United States will be DISMISSED.

The judgment of the District Court setting aside and

enjoining the enforcement of the Deputy Commissioner’s

order is

AFFIRMED.

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Judgment of the Court of Appeals

Extract from the Minutes of February 9, 1962.

No. 18897

UNITED STATES OF AMERICA and JEANETTE

E. GONDECK,

Intervencr, |

|

VS.

PAN AMERICAN WORLD AIRWAYS, INCORPORATED,

and THE TRAVELERS INSURANCE COMPANY.

This cause came on to be heard on the transcript of

the record from the United States District Court for the

Southern District of Florida, and was argued by counsel;

ON CONSIDERATION WHEREOF, It is now here

ordered and adjudged by this Court that the appeal of

the United States in this cause be. and it is hereby, dis-

missed; and that the judgment of the District Court set-

ting aside and enjoining the enforcement of the Deputy

Commissioner's order be, and it is hereby, affirmed.

{Title Omitted |

Findings of Fact and Conclusions of Law of

District Court

This matter having come on before the Court on the

motions for summary judgment and for review of the

findings of the Deputy Commissioner upon the parties

stipulated record for review, and the Court having ex-

amined the record, the pleadirgs herein and the briefs of

counsel and, being fully informed in the premises, the

Court thereupon enters its Findings of Fact and Con-

clusions of Law,

—

—

All

FACTS SUPPORTED BY SUBSTANTIAL EVIDENCE

1. The plaintiffs, Pan American World Airways, Inc.

(Pan Am), and The Travelers Insurance Company, brought

this action to review the findings of the defendant, Wil-

liam M. O'Keeffe, Deputy Commissioner, Sixth Compen-

sation Dictrict (Deputy) granting an award to Jeanette

E. Gondeck, the widow of Frank J. Gondeck, an em-

ployee of the piaintiff Pan Am.

2. Frank J. Gondeck, according to the undisputed,

stipulated facts of record in this case, was, on April 24,

1958, an employee of Pan Am on San Salvador Island,

British West Indies, having been transported there, fed

and housed while there, at his employer’s expense.

3. On April 24, 1958, Gondeck completed his sched-

uled eight-hour shift, came off duty, returned to his

quarters, cleaned up, availed himself to some extent of

the employer furnished recreation facilities on the base,

drank some alcoholic b’ verage of unspecified amount (ap-

parently not in excess), left the employer’s government

base in the company of several fellow employees in a com-

pany-owned jeep, the use of which had been denied em-

ployees for other than company business, in contravention

of the employer's regulations, and despite the fact that

the employer had furnished scheduled bus traisportation

to Cockburn Town, this party s destination.

4. Having arrived at Cockburn Town via the com-

pany jeep, Gondeck and his companions had a “Beer” at

a native tavern, and, again contrary to company orders,

picked up a native to give him a ride back to the base;

on the return trip, before reaching the base, the jeep

overturned seriously injuring Gondeck, from which in-

juries Gondeck died several days later.

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5. The decedent was subject to call at all times in

any emergency, but, not only was he not on call, nor on

active duty, nor on any business in any way connected

with his employment, but he and his companions were

at the time of the injury, actively engaged solely in a

pleasure trip of their ov-n and in violation of two of their

employers regulations regarding the jeep in which they

were injured.

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6. In a careful review of this record this Court is

not only unable to discover any substantial evidence to

support the findings of the Deputy, but it is unable to find

any evidence in support of the findings before it for

review.

7. The decedent’s widow, Jeannette E. Gondeck, was

allowed to intervene herein in support of the Deputy’s

award.

CONCLUSIONS OF LAW

1. This Court has jurisdiction of the parties and sub-

ject matter of this case pursuant to the provisions of Title

33, U.S.C., Section 921, and Title 42, U.S.C., Section 1653,

as made applicable to this case by Title 42, U.S.C., Sec-

tion 1651.

2. The decedent-employee, Frank J. Gondeck, at the

time of his death was an employee within the provisions

of the Defense Bases Compensation Act.

3. The record contains no substantial evidence to

support the Deputy’s implicit finding that the decedent

was engaged within the scope of his employment or that

his injury and subsquent death arose out of or in the

course of his employment.

4. There being no substantial evidence to support

the findings of the Deputy, said findings are erroneous

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and should be reversed and remanded for proceeding con-

sistent with the decision of this Court.

Upon presentation of a final order in conformity with

these Findings and Conclusions of Law, Judgment will

be entered herein.

Dated at Miami, Florida, this 15th day of September,

1960.

/s/ EMETT C. CHOATE

United States District Judge

[Title Omitted]

Final Judgment of District Court

THIS CAUSE having come on before the Court on

the Complaint of the Plaintiffs to enjoin a Compensation

Order entered by the Defendant WILLIAM M. O’KEEFFE,

Deputy Commissioner under the Longshoremen’s and Har-

bor Workers’ Compensation Act, and Answers having

been filed by the Defendant and by the widow of the

deceased Employee who petitioned for leave to intervene

and who was permitted so to do, and the Court having

examined the Record, and Briefs having been submitted,

and the Court having heretofore on September 15, 1960,

entered its Findings of Fact and Conclusions of Law, and

the Record containing no substantial evidence to support

the Findings of the Deputy Commissioner and said Find-

ings being not in accordance with the law it is

ORDERED, ADJUDGED AND DECREED that:

1. The Compensation Order of WILLIAM M. O’-

KEEFFE, Deputy Commissioner, Sixth Compensation Dis-

trict, dated December 31, 1959, bearing File No. DB-C-

773-373 awarding compensation to Jeanette E. Gondeck

and Barbara Ann Gondeck, respectively the surviving

Ea ce at faa eRe

APRESS

PREPARE HRY IPF

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spouse and child of Frank J. Gondeck, deceased, be and

the same hereby is susperided and set aside in whole;

2. A permanent injunction be and it hereby does

issue against the said Deputy Commissioner, his officers,

agents and employees, restraining enforcement of the

aforesaid Order, permanently;

3. The aforesaid Deputy Commissioner be and he is

hereby directed to set aside the said Order and enter an

Order dismissing the claim.

DONE AND ODERED in the City of Miami, Dade

County, Florida, on this 7th day of November, 1960.

EMETT C. CHOATE

District Judge

[Title Omitted]

Compensation Order of Deputy Commissioner

Such investigation in respect to the above entitled

claim having been made as is considered necessary, and

no hearing having been applied for by any interested

party or considered necessary by the Deputy Commis-

sioner, the Deputy Commissioner makes the following:

FINDINGS OF FACT

That on the 24th day of April, 1958, the decedent

herein, Frank J. Gondeck, of 1200 Northeast 144th Street,

Miami, Florida, was in the employ of the employer herein,

Pan American World Airways, Incorporated, of Post Of-

fice Box 4187, Patrick Air Force Base, Florida, a con-

tractor with the United States at San Salvador Air Force

Base, San Salvador Island, British West Indies, in the

Caribbean Compensation District, established under the

provisions of the Defense Base Compensation Act (Pub-

lic Law 208—77th Congress as amended), and that the

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liability of the employer tor compensation under the said

Act was insured by The Travelers Insurance Company;

that the cese was transferred to the Sixth Compensation

District in accordance with Section 19 (g) of the said Act P

with the approval of the Bureau of Employees’ Compensa- é

tion; that on the said day the decedent herein sustained

personal injury resulting in his disability and subsequent |

death when, having completed his day’s work and seek- Bs

ing reasonable recreation and entertainment, the de-

cedent journeyed to Cockburn Town, a native village on

San Salvador Island, British West Indies, drank one glass

of beer, rode in a jeep back toward the decedent’s living

quarters, and the jeep overturned on the road, which re-

sulted in a fracture of the decedent’s skull and an epidural

hemorrhage; that the decedent was paid in full for the

day of the accident and died on April 27, 1958, as a result

of the injuries sustained on April 24, 1958; that temporary

total disability did not extend beyond the three-day wait-

ing period; that the decedent was a passenger in a jeep

being driven by another person when the accident oc-

curred; that intoxication of the decedent was not the sole

cause of the accident; that the decedent was on call for

emergency duty by the employer herein twenty-four hours

per day as long as the decedent was on the island; that

the decedent did not remove himself from a_ possible

emergency cail to duty on the day of the accident; that

the employer provided the decedent with food and lodg-

ing as well as pay; that the employer knew the decedent

and co-employees journeyed regularly to Cockburn Town

for recreation and entertainment; that the employer to

make the recreation and entertainment found in Cock-

burn Town more readily available to the decedent and

other employees provided the employees with free trans-

portation to Cockburn Town; that written notice of the

injury and subsequent death was not given to the em-

eA ane ol

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ployer within thirty days, but the employer had knowl-

edge of the injury and subsequent death and has not been

prejudiced by lack of such written notice; that the em-

ployer provided the decedent with medical treatment, etc.,

in accordance with the provisions of Section 7 (a) of the

said Act; that the average weekly wage of the decedent

herein at the time of the injury amounted to more than

$81.00; that the claimant herein, Jeanette E. Gondeck,

who was born on April 26, 1913, and married to the de-

cedent on May 3, 1932, is the surviving widow of the de-

cedent herein, Frank J. Gondeck, and is entitled to death

benefits for herself at $28.35 per week (35% of the maxi-

mum average weekly wage of $81.00); that Barbara Ann

Gondeck, who was born on August 29, 1940, is the sur-

viving child of the decedent herein, Frank J. Gondeck,

and that Jeanette E. Gondeck, mother and natural guard-

ian of the child, is entitled to death benefits for the sup-

port of the said child at $12.15 per week (15% of the

maximum average weekly wage of $81.00); that the sur-

viving child, Barbara Ann Gondeck attained the age of

eighteen years on August 29, 1958; that the funeral ex-

penses of the decedent amounting to $1,083.05 were paid

by the claimant, Jeanette E. Gondeck, and she is entitled

to reimbursement in the sum of $400.00 on account of such

expenditures; that the accrued death benefits to which

Jeanette E. Gondeck is entitled for the support of the said

child from April 27, 1958, to August 28, 1958, inclusive, is

17 5/7th weeks at $12.15 per week in the amount of $215.23;

that the accrued benefits to which Jeanette E. Gondeck

is entitled to for herself as the surviving widow from

April 27, 1958 to December 30, 1959, inclusive (87 4/7th

weeks at $28.35 per week), amount to $2,482.65; that the

total accrued death benefits to which Jeanette E. Gon-

deck is entitled to for herself and for the support of the

said child to December 30, 1959, inclusive, amounts to

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$2,697.88; that the employer and the insurance carrier

have paid nothing to the ciaimant as compensation; that

the services and expenses of Thomas G. Spicer and Gay,

Hyman and Anderson, Attorneys for the claimant, were

necessary and the reasonable value of such services and

expenses is $500.00.

Upon the foregoing facts the Deputy Commissioner

makes the following:

AWARD

That the employer herein, Pan American World Air-

ways, Incorporated, and the insurance carrier herein, The

Travelers Insurance Company, shali pay to the claimant

herein, Jeanette E. Gondeck, of 1200 Northeast 144th

Street, Miami, Florida, death benefits as follows: 17 5/7th

weeks at $12.15 per week for the support of Barbara Ann

Gondeck, surviving child of the decedent, Frank J. Gon-

deck, from April 27, 1958, to August 28, 1958, inclusive,

which is $215.23, and 87 4/7th weeks at $28.35 per week

from April 27, 1958, to December 30, 1959, inclusive, which

is $2,482.65 for death benefits due the widow, a tctal

amount of $2,697.88 for death benefits to December 30,

1959, inclusive, all of which has accrued and the employer

and the insurance carrier are directed to pay forthwith

in one sum, less attorneys’ fees hereinafter provided, and

to continue payments thereafter in bi-weekly installments

at $28.35 per week to Jeanette E. Gondeck, surviving

widow of the decedent, Frank J. Gondeck, subject to the

limitations of the said Act, or until otherwise ordered.

The employer herein and the insurance carrier herein

are also directed to pay the sum of $400.00 to the claim-

ant, Jeanette E. Gondeck, as reimbursement for funeral

expenses.

PWN Ohl LA LALA A

perere sae SSPE Ate Reg LEN

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A fee in the sum of $500.00 for services and expenses

rendered on behalf of the claimant is hereby approved in

favor of Thomas G. Spicer, Attorney, 819 Seybold Build-

ing, Miami, Florida, and Gay, Hyman and Anderson, At-

torneys, 913 Ainsley Building, Miami, Florida, and made

a lien on the accrued death benefits.

Given under my hana at Jacksonville,

Florida, this 31st day of December, 1959.

(Sgd.) WILLIAM M. O’KEEFFE

William M. O’Keeffe, Deputy Commissioner a

Sixth Compensation District.

PRE he ere oN ; IS Get

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