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O'KEEFE V. SMITH, 380 U. S. 359 (1965)

U.S. Supreme Court

O'Keefe v. Smith, 380 U.S. 359 (1965)

O'Keefe v. Smith

No. 307

Decided March 29, 1965

380 U.S. 359


An employee of a government contractor at a defense base in Korea drowned during a Saturday outing. His employer considered all employees to be in the course of regular occupation from the time they left the United States until they returned, and expected employees to seek recreation away from the job site. On stipulated facts, the Deputy Commissioner, Bureau of Employees' Compensation, found that death arose out of and in the course of employment, and awarded damages pursuant to the Longshoremen's and Harbor Workers' Compensation Act. The District Court affirmed the award, which the Court of Appeals reversed.

Held: Since the Act provides that the Deputy Commissioner's order may be set aside by a reviewing court only if not in accordance with law, and since the Deputy Commissioner correctly applied the standard of O'Leary v. Brown-Paciffc-Maon, Inc., 340 U. S. 504, that the conditions of employment create the "zone of special danger" out of which the injury arose, his holding cannot be said to be irrational or without substantial evidence and should be upheld.

Certiorari granted; 327 F.2d 1003 reversed.

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