Potter Stewart

“ We find nothing in this legislative history to support the respondent's argument that a 'determination of fact' means only some determinations of fact and not others. The respondent points out that the recommendations of the Compensation Commission prior to the 1934 amendment referred to analogous state laws; but those recommendations dealt with the time period in which review was to be available, not with the grounds for review. ”

“ The petitioner asserts that her second compensation action came under § 22 because it challenged a 'determination of fact by the deputy commissioner' in her original compensation action namely, the finding that her husband's fall did not result from a work-connected injury. The respondent argues that 'a mistake in a determination of fact' in § 22 refers only to clerical errors and matters concerning an employee's disability, not to matters concerning an employer's liability. ”

“ Section 33 (g) protects the employer against his employee's accepting too little for his cause of action against a third party. That danger is not present when damages are determined, not by negotiations between the employee and the third party, but rather by the independent evaluation of a trial judge. Cf. Bell v. O'Hearne, 4 Cir., 284 F.2d 777.
Finally, the respondent attacks the Deputy Commissioner's finding of fact that there was a causal connection between the work-connected injury suffered by the petitioner's husband on January 30 and his fall at home some two hours later. ”