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Evening Star Newspaper v. Kemp

United States Circuit Court of Appeals for the District of Columbia
533 F.2d 1224 (1976)


The Evening Star Newspaper Company (Evening Star) (defendant) employed Nathan Kemp (plaintiff) as a truck driver delivering papers. Kemp was shot while “on the clock.” After an evidentiary hearing, the Administrative Law Judge (ALJ) found that Kemp’s death resulted from injuries sustained in the course of and arising out of his employment. As such, the ALJ determined that Kemp’s widow was entitled to compensation under the Longshoremen’s and Harbor Worker’s Compensation Act. The Department of Labor’s Benefit Review Board (Board) affirmed the decision. The Evening Star sought reversal of the order awarding Kemp’s widow compensation in federal court.

Rule of Law


Holding and Reasoning (Van Pelt, J.)

Dissent (Danaher, J.)

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