Hugo Black

“ In so holding, the Court follows decisions of the Court of Appeals for the Fifth Circuit. [1] The Courts of Appeals for the Second and Ninth Circuits have held to the contrary. [2] I agree with the Second and Ninth Circuits.
Not a word in the Compensation Act suggests that the deserted widow of a deceased longshoreman automatically forfeits all right to statutory compensation because she has lived with a man other than her husband. What the Act actually does is to entitle a vidow to compensation if at the time of her husband's death she is either: (1) living with him ”

“ Obviously these issues cannot be decided without hearing evidence and determining facts. The Act vests deputy commissioners, not courts, with power 'to hear and determine all questions in respect of such claim.' 33 U.S.C. § 919 (a) , 33 U.S.C.A. § 919 (a) . And their findings of fact when supported by substantial evidence are conclusive on courts. ”