An appellate court may decide a legal issue without remand when the record is sufficient and the standard of review is easily applied (applying a deferential standard of review).
An employee drowned while attempting to rescue two individuals from a dangerous channel near a company-sponsored recreation center. The Deputy Commissioner awarded death benefits, finding the rescue attempt was an incident of employment. The Court of Appeals reversed, holding the act was disconnected from the employee's service. The Supreme Court held that the Longshoremen's and Harbor Workers' Compensation Act covers injuries if the obligations or conditions of employment create a zone of special danger from which the injury arose. A reasonable rescue attempt may be a foreseeable risk of employment and an incident of service. Because the findings were supported by substantial evidence, the award was sustained.
71 S. Ct. at 472 the findings are to be accepted unless they are unsupported by substantial evidence on the record considered as a whole.18 citing cases
- Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Cooper Assocs., Inc. T/a Raymond's Liquors & Hartford Accident & Indem. Co., Cooper Assocs., Inc. T/a Raymond's Liquors & Hartford Accident & Indem. Co. v. Janet Cooper & Lois Cooper & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 607 F.2d 1385 (D.C. Cir. 1979).published(the findings are to be accepted unless they are unsupported by substantial evidence on the record considered as a whole.)
- Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Cooper Assocs., Inc., 607 F.2d 1385 (D.C. Cir. 1979).published(the findings are to be accepted unless they are unsupported by substantial evidence on the record considered as a whole.)
- Ford Aerospace & Commc'ns Corp. & Am. Foreign Ins. Ass'n, Emp./carrier-Petitioners v. Miriam C. Boling v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 684 F.2d 640 (9th Cir. 1982).publishedAll that is required is that the "obligations or conditions" of employment create the "zone of special danger" out of which the injury arose. 6 Id. at 507 , 71 S.Ct. at 472 (citations omitted).
- Ford Aerospace & Commc'ns Corp v. Boling, 684 F.2d 640 (9th Cir. 1982).publishedId. at 507 , 71 S.Ct. at 472 (citations omitted).
- Evening Star Newspaper Co. v. Phyllis Kemp & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 533 F.2d 1224 (D.C. Cir. 1976).published Appropriately to be regarded is the test presented by Mr. Justice Frankfurter, speaking for the Court in O’Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 507 , 71 S.Ct. 470, 472 , 95 L.Ed. 483, 486 (1951): All that is required is that the “ob…
- Lavino Shipping Co. v. Donovan, 166 F. Supp. 909 (E.D. Pa. 1958).published
- Robinson v. Bradshaw, 206 F.2d 435 (D.C. Cir. 1953).published
- Vicknair v. Neuman, 362 F.2d 832 (5th Cir. 1966).published
- J. P. Goins, Intervenor v. Noble Drilling Corp., Emp., & Aetna Cas. & Sur. Co., Ins. Carrier, 397 F.2d 392 (5th Cir. 1968).published
- Portland Stevedoring Co., an Oregon Corp. v. Reginald J. Johnson, 1 Assistant Deputy Comm'r, Fourteenth Comp. Dist., Bureau of Employees Comp., U. S. Dep't of Labor v. Dale M. Loiselle, Intervenor-Defendant, 442 F.2d 411 (9th Cir. 1971).published
Show 8 more citing cases
- Mid-Gulf Stevedores, Inc. v. Neuman, 462 F.2d 185 (5th Cir. 1972).published
- John T. Clark & Son of Maryland, Inc. & Am. Mut. Ins. Co. v. Benefits Review Bd., United States Dep't of Labor, 621 F.2d 93 (4th Cir. 1980).published
- Varney v. O'Hearne, 141 F. Supp. 421 (D. Md. 1956).published
- Great Am. Indem. Co. v. Belair, 160 F. Supp. 784 (D. Conn. 1957).published
- Miller v. O'Hearne, 181 F. Supp. 105 (D. Md. 1960).published
- Travelers Ins. v. McLellan, 302 F. Supp. 351 (E.D.N.Y 1969).published
- Vicknair v. Neuman, 362 F.2d 832 (5th Cir. 1966).published
- Portland Stevedoring Co. v. Johnson, 442 F.2d 411 (9th Cir. 1971).published
At page 508 Judicial review standard for findings of fact9 citing cases“the findings are to be accepted unless they are unsupported by substantial evidence on the record considered as a whole.”
- Brown v. Army & Air Force Ex, No. 96-2608 (4th Cir. June 8, 1998).unpublishedClark & Son, Inc. v. Benefits Review Bd., 621 F.2d 93 , 95 n.3 (4th Cir. 1980) (citing O'Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 508 (1951)). 5 Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consolidated Edison Co. v. NLRB, 3…
- Moon Eng'g Co v. Baum, No. 96-2581 (4th Cir. Apr. 3, 1998).unpublishedClark & Son, Inc. v. Benefits Review Bd., 621 F.2d 93 , 95 n.3 (4th Cir. 1980) (citing O'Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 (1951)). 7 Richardson v. Perales, 402 U.S. 389, 401 (1971). 8 Universal Maritime Corp. v. Moore,…
- Coward v. Newport News Shipbld, No. 96-2557 (4th Cir. Feb. 23, 1998).unpublishedClark & Son, Inc. v. Benefits Review Bd., 621 F.2d 93 , 95 n.3 (4th Cir. 1980) (citing O'Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 (1951)). 3 Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consolidated Edison Co. v. N…
- Flood v. NAF Billeting Branch, No. 96-2575 (4th Cir. Jan. 27, 1998).unpublishedClark & Son, Inc. v. Benefits Review Bd., 621 F.2d 93 , 95 n.3 (4th Cir. 1980) (quoting O'Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 508 (1951)). 6 Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consolidated Edison Co. v. NLRB,…
- Dearing v. Dir., Off. of Workers' Comp. Programs, U.S. Dept. of Labor, 998 F.2d 1008 (4th Cir. 1993).unpublishedClark & Son, Inc. v. Benefits Review Board, United States Dept. of Labor., 621 F.2d 93 , 95 n.3 (4th Cir. 1980) (citing O'Leary v. Brown-Pacific-Maxon, Inc ., 340 U.S. 504, 508 (1951)).
- Evening Star Newspaper Co. v. Phyllis Kemp & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 533 F.2d 1224 (D.C. Cir. 1976).published Appropriately to be regarded is the test presented by Mr. Justice Frankfurter, speaking for the Court in O’Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 507 , 71 S.Ct. 470, 472 , 95 L.Ed. 483, 486 (1951): All that is required is that the “ob…
- Midwest Terminal Warehouse Co. v. Byrne, 294 F. Supp. 431 (W.D. Mo. 1968).publishedSection 921(b) of Title 33, United States Code, provides that the Deputy Commissioner’s order may be set aside only “[i]f not in accordance with law.” His findings and inferences “are to be accepted unless they are irrational or ‘unsupport…
- Williams v. Donovan, 234 F. Supp. 135 (E.D. La. 1964).publishedIt is sufficiently described by saying that the findings are to be accepted unless they are unsupported by substantial evidence on the record considered as a whole.” 340 U.S. at 508, 71 S.Ct. at 472.
- United States v. Great N. Ry. Co., 343 U.S. 562 (1952).published
At page 506 Determining scope of employment for workers' compensation claims9 citing cases“the 'obligations or conditions' of employment create the 'zone of special danger' out of which the injury arose”
- Battelle Mem'l Inst. v. Dicecca, No. 14-1742 (1st Cir. July 7, 2015).published And, even if these cases could be reduced to a single crux, it would not be employer benefit, which was flatly rejected in O'Leary. 340 U.S. at 507 ("Nor is it necessary that the employee be engaged at the time of the injury in activity of…
- Butcher v. Serv. Employees Int'l Inc., No. 3:23-cv-00110 (M.D. Fla. Jan. 7, 2025). Emps. payment of compensation for ‘accidental injury or death arising out of and in the course of employment[.]’” O’Leary v. Brown-Pac.-Maxon, 340 U.S. 504, 506 (1951) (quoting 33 U.S.C. § 902 (2)).
- Auld v. United States, No. 2022-3129 (D.D.C. Sept. 20, 2023).publishedAs Auld recognizes, Mem. in Opp. at 15-16, some courts have assessed the likelihood of FECA coverage based on whether the “‘obligations or conditions’ of employment create[d] the ‘zone of special danger’ out of which the injury arose,” Bru…
- Expeditors & Prodn Svc Co, Inc v. DOWCP, et, No. 18-60895 (5th Cir. Nov. 5, 2019).unpublishedAll that is required is that the obligations or conditions of employment create the zone of special danger out of which the injury arose.”) (quoting O’Leary v. Brown-Pacific- Maxon, Inc., 340 U.S. 504, 506 (1951)); O’Keeffe v. Pan Am. Worl…
- Expeditors & Prodn Svc Co, Inc v. DOWCP, et, No. 18-60895 (5th Cir. Nov. 4, 2019).unpublishedAll that is required is that the obligations or conditions of employment create the zone of special danger out of which the injury arose.”) (quoting O’Leary v. Brown-Pacific- Maxon, Inc., 340 U.S. 504, 506 (1951)); O’Keeffe v. Pan Am. Worl…
- Lisa M. v. Henry Mayo Newhall Mem'l Hosp., 907 P.2d 358 (Cal. 1995).published Or, as the court more clearly stated in Alma W. v. Oakland Unified School Dist. (1981) 123 Cal. App.3d 133, 138 [ 176 Cal. Rptr. 287 ]: "Where the facts of the case make it arguable whether the employee has acted within the scope of his em…
- Chayfa B. Kirkland v. Dir., Off. of Worker's Comp. Programs, United States Dep't of Labor, & Air Am., Inc., 925 F.2d 489 (D.C. Cir. 1991).unpublished“the 'obligations or conditions' of employment create the 'zone of special danger' out of which the injury arose”
- Harris v. Sears, Roebuck & Co., 485 So. 2d 965 (La. Ct. App. 1986).published Id., 340 U.S. at 506, 507 , 71 S.Ct. at 471, 472 .
- Compton v. Dyncorp Int'l, Inc., 650 F. App'x 550 (9th Cir. 2016).unpublished See O’Leary v. Brown-Pac.-Maxon, 340 U.S. 504, 506 (1951).
At page 507 Defining employment zone of special danger for coverage8 citing cases“all that is required is that the 'obligations or conditions' of employment create the 'zone of special danger' out of which the injury arose.”
- Battelle Mem'l Inst. v. Dicecca, No. 14-1742 (1st Cir. July 7, 2015).published (Nor is it necessary that the employee be engaged at the time of the injury in activity of benefit to his - 17 - employer.)
- Butcher v. Serv. Employees Int'l Inc., No. 3:23-cv-00110 (M.D. Fla. Jan. 7, 2025). Emps. payment of compensation for ‘accidental injury or death arising out of and in the course of employment[.]’” O’Leary v. Brown-Pac.-Maxon, 340 U.S. 504, 506 (1951) (quoting 33 U.S.C. § 902 (2)).
- Cloyd v. KBR, Inc., No. 4:20-cv-03714 (S.D. Tex. May 4, 2021).In workmen’s compensation statutes, the phrase “arising out of” “denote[s] any causal relationship.” Aiello, 751 F. Supp. 2d at 709 (citing O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 507 (1951)).
- Chayfa B. Kirkland v. Dir., Off. of Worker's Comp. Programs, United States Dep't of Labor, & Air Am., Inc., 925 F.2d 489 (D.C. Cir. 1991).unpublishedUnder this doctrine, an accidental injury or death may be found to have arisen out of or been in the course of employment for purposes of the Act when "the 'obligations or conditions' of employment create the 'zone of special danger' out o…
- Ingalls Shipbuilding Corp. v. Neuman, 322 F. Supp. 1229 (S.D. Miss. 1970).publishedO’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 507, 508 , 71 S.Ct. 470 , 95 L.Ed. 483 (1950) ; Mississippi Shipping Co. v. Henderson, 231 F.2d 457, 460 (C.A. 5, 1956) ; Banks v. Chicago Grain Trimmers Assn., 390 U.S. 459 , 88 S.Ct. 11…
- O'Keeffe v. Smith, Hinchman & Grylls Assocs., Inc., 380 U.S. 359 (1965).published
- Mary R. Wheatley v. Herman Adler, Deputy Comm'r, United States Dep't of Labor Bureau of Employees' Comp., 407 F.2d 307 (D.C. Cir. 1968).published
- Kalama Servs., Inc Cigna Prop. & Cas. Ins. Co. v. Dir., Off. of Workers Comp. Programs, 354 F.3d 1085 (9th Cir. 2004).published
95 L. Ed. at 487 cited at this page8 citing cases
- Fulks v. Avondale Shipyards, Inc., 637 F.2d 1008 (5th Cir. 1981).publishedThe significance of the following language from Presley, 529 F.2d at 436 , becomes readily apparent in our present review of the substantive issues: [T]he findings of the administrative law judge must be accepted unless unsupported by subs…
- Tommie L. Fulks, Petitioner-Cross v. Avondale Shipyards, Inc., Respondent-Cross v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 637 F.2d 1008 (5th Cir. 1981).publishedThe significance of the following language from Presley, 529 F.2d at 436 , becomes readily apparent in our present review of the substantive issues: 12 (T)he findings of the administrative law judge must be accepted unless unsupported by s…
- Dist. of Columbia Workmen's Comp. Act. v. Frank Kelly, Inc., 554 F.2d 1075 (D.C. Cir. 1976).publishedR.R. v. Brotherhood of Railroad Trainmen, 387 U.S. 556, 563 , 87 S.Ct. 1746, 1750 , 18 L.Ed.2d 954, 960 (1967); Ex parte Collett, 337 U.S. 55 , 69 S.Ct. 944 , 93 L.Ed. 1207 , 10 A.L.R.2d 921 (1949); Pruess v. Udall, 123 U.S.App.D.C. 301 ,…
- Evening Star Newspaper Co. v. Phyllis Kemp & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 533 F.2d 1224 (D.C. Cir. 1976).published Appropriately to be regarded is the test presented by Mr. Justice Frankfurter, speaking for the Court in O’Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 507 , 71 S.Ct. 470, 472 , 95 L.Ed. 483, 486 (1951): All that is required is that the “ob…
- John M. Presley v. Tinsley Maint. Serv., 529 F.2d 433 (5th Cir. 1976).publishedRather, the findings of the administrative law judge must be accepted unless unsupported by substantial evidence in the record considered as a whole, O'Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 , 71 S.Ct. 470, 472 , 95 L.Ed. 48…
- Presley v. Tinsley Maint. Serv., 529 F.2d 433 (5th Cir. 1976).publishedRather, the findings of the administrative law judge must be accepted unless unsupported by substantial evidence in the record considered as a whole, O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 , 71 S.Ct. 470, 472 , 95 L.Ed. 48…
- Swinton v. J. Frank Kelly, Inc., 554 F.2d 1075 (D.C. Cir. 1976).publishedO’Leary v. Brown-Pacific Maxon, Inc., 340 U.S. 504, 508 , 71 S.Ct. 470, 472 , 95 L.Ed. 483, 487 (1951); Cardillo v. Liberty Mut.
- Anderson v. Employers Liab. Assurance Corp., 498 P.2d 288 (Alaska 1972).published O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 , 71 S.Ct. 470 , 95 L.Ed. 483, 487 (1951). .
71 S. Ct. at 471 citations omitted5 citing cases
- D.L. Cullifer & Son, Inc. v. Martinez, 572 So. 2d 1360 (Fla. 1990).published“one of the risks of the employment, an incident of the service, foreseeable, if not foreseen, and so covered by the statute”
- Harris v. Sears, Roebuck & Co., 485 So. 2d 965 (La. Ct. App. 1986).published Id., 340 U.S. at 506, 507 , 71 S.Ct. at 471, 472 .
- Sharon Lee Wright v. United States, 717 F.2d 254 (6th Cir. 1983).published All that it required is that the "obligations or conditions" of employment create the "zone of special danger" out of which the injury arose. 44 340 U.S. at 506-07 , 71 S.Ct. at 471-72 (citations omitted). 1 45 The effect of O'Leary is tha…
- Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Brandt Airflex Corp. & U. S. Fire Ins. Co. & John F. Delinski, John F. Delinski v. Brandt Airflex Corp., Emp./respondent, & U. S. Fire Ins. Co., Carrier/respondent, & Dir., Off. of Workers' Comp. Programs, Brandt Airflex Corp., Emp., & U. S. Fire Ins. Co., Carrier v. John F. Delinski, & Dir., Off. of Workers' Comp. Programs, 645 F.2d 1053 (D.C. Cir. 1981).publishedAll that is required is that the 'obligations or conditions' of employment create the 'zone of special danger' out of which the injury arose." 340 U.S. at 506-07 , 71 S.Ct. at 471-72 (citations omitted); accord, Amalgamated Ass'n of Street…
- Dir., Off. of Workers' Comp. Programs v. Brandt Airflex Corp., 645 F.2d 1053 (D.C. Cir. 1981).publishedAll that is required is that the ‘obligations or conditions’ of employment create the ‘zone of special danger’ out of which the injury arose.” 340 U.S. at 506-07 , 71 S.Ct. at 471-72 (citations omitted); accord, Amalgamated Ass’n of Street…
95 L. Ed. at 486 cited at this page4 citing cases
- Mulready v. Univ. Rsch. Corp., 756 A.2d 575 (Md. 2000).publishedThen, flatly rejecting what we are calling the increased risk test, the court said: “Nor is the test of recovery to be found in ‘a causal relation between the nature of [the] employment of the injured person and the accident.’” Id. at 801…
- Food Prods. Corp. v. Indus. Comm'n, 630 P.2d 31 (Ariz. Ct. App. 1981).publishedThe court also quoted 1 A. Larson, Workmen’s Compensation Law § 28: 1 “Injury incurred in the rescue of a stranger is compensable if the conditions of employment place claimant in the position which requires him, by ordinary standards of h…
- Evening Star Newspaper Co. v. Phyllis Kemp & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 533 F.2d 1224 (D.C. Cir. 1976).published Appropriately to be regarded is the test presented by Mr. Justice Frankfurter, speaking for the Court in O’Leary v. Brown-Pacific-Maxon, 340 U.S. 504, 507 , 71 S.Ct. 470, 472 , 95 L.Ed. 483, 486 (1951): All that is required is that the “ob…
- N. Corp. v. Saari, 409 P.2d 845 (Alaska 1966).publishedO’Keeffe v. Smith, Hinchman & Grylls Associates, 380 U.S. 359 , 85 S.Ct. 1012 , 13 L.Ed.2d 895, 898 (1965); O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 506-507 , 71 S.Ct. 470 , 95 L.Ed. 483, 486 (1951); O’Keeffe v. Pan Am.
Other citing cases
- Jayo v. Indus. Com'n of Arizona, 889 P.2d 625 (Ariz. Ct. App. 1995).published
- Battelle Mem'l Inst. v. Dicecca, 792 F.3d 214 (1st Cir. 2015).published
- James v. Wards Cove Packing Co., 409 F. Supp. 2d 1252 (W.D. Wash. 2005).published
- Bd. of Governors of Univ. v. United States Dep't of Labor, 917 F.2d 812 (4th Cir. 1990).published
- Univ. Of North Carolina v. United States Dep't Of Labor, 917 F.2d 812 (4th Cir. 1990).published
- Martinez v. D.L. Cullifer & Son, Inc., 556 So. 2d 796 (Fla. 1st DCA 1990).published
- Rockhaulers, Inc. v. Davis, 554 So. 2d 654 (Fla. 1st DCA 1989).published
- Tri-State Commodities, Inc. v. Stewart, 689 P.2d 712 (Colo. Ct. App. 1984).published
- Jasinskas v. Bethlehem Steel Corp., 735 F.2d 1 (1st Cir. 1984).published
- TerKeurst v. United States, 549 F. Supp. 455 (W.D. Mich. 1982).published
Show 1 more citing case
- Texports Stevedore Co. v. Winchester, 554 F.2d 245 (5th Cir. 1977).published
v.
BROWN-PACIFIC-MAXON, INC. Et Al.
Lead Opinion
delivered the opinion of the Court.
In this case we are called upon to review an award of compensation under the Longshoremen’s and Harbor Workers’ Compensation Act. Act of March 4, 1927, 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq. The award was made on a claim arising from the accidental death of an employee of Brown-Pacific-Maxon, Inc., a government contractor operating on the island of Guam. Brown-Pacific maintained for its employees a recreation center near the shoreline, along which ran a channel so dangerous for swimmers that its use was forbidden and signs to that effect erected. John Yalak, the employee, spent the afternoon at the center, and was waiting for his employer’s bus to take him from the area when he saw or heard two men, standing on the reefs beyond the channel, signaling for help. Followed by nearly twenty others, he plunged in to effect a rescue. In attempting to swim the channel to reach the two men he was drowned.
A claim was filed by his dependent mother, based on the Longshoremen’s Act and on an Act of August 16, 1941, extending the compensation provisions to certain employment in overseas possessions. 55 Stat. 622, 56 Stat. 1035, as amended, 42 U. S. C. § 1651. In due course of the statutory procedure, the Deputy Commissioner found as a “fact” that “at the time of his drowning and[*506] death the deceased was using the recreational facilities sponsored and made available by the employer for the use of its employees and such participation by the deceased was an incident of his employment, and that his drowning and death arose out of and in the course of said employment . . . .” Accordingly, he awarded a death benefit of $9.38 per week. Brown-Pacific and its insurance carrier thereupon petitioned the District Court under § 21 of the Act to set aside the award. That court denied the petition on the ground that “there is substantial evidence ... to sustain the compensation order.” On appeal, the Court of Appeals for the Ninth Circuit reversed. It concluded that “The lethal currents were not a part of the recreational facilities supplied by the employer and the swimming in them for the rescue of the unknown man was not recreation. It was an act entirely disconnected from any use for which the recreational camp was provided and not in the course of Valak’s employment.” 182 F. 2d 772, 773. We granted certiorari, 340 U. S. 849, because the case brought into question judicial review of awards under the Longshoremen’s Act in light of the Administrative Procedure Act.
The Longshoremen’s and Harbor Workers’ Act authorizes payment of compensation for “accidental injury or death arising out of and in the course of employment.” § 2 (2), 44 Stat. 1425, 33 U. S. C. § 902 (2). As we read its opinion the Court of Appeals entertained the view that this standard precluded an award for injuries incurred in an attempt to rescue persons not known to be in the employer’s service, undertaken in forbidden waters outside the employer’s premises. We think this is too restricted an interpretation of the Act. Workmen’s compensation is not confined by common-law conceptions of scope of employment. Cardillo v. Liberty Mutual Ins. Co., 330 U. S. 469, 481; Matter of Waters v. Taylor Co., 218 N. Y. 248, 251, 112 N. E. 727, 728. The test of re[*507] covery is not a causal relation between the nature of employment of the injured person and the accident. Thom v. Sinclair, [1917] A. C. 127, 142. Nor is it necessary that the employee be engaged at the time of the injury in activity of benefit to his employer. All that is required is that the “obligations or conditions” of employment create the “zone of special danger” out of which the injury arose. Ibid. A reasonable rescue attempt, like pursuit in aid of an officer making an arrest, may be “one of the risks of the employment, an incident of the service, foreseeable, if not foreseen, and so covered by the statute.” Matter of Babington v. Yellow Taxi Corp., 250 N. Y. 14, 17, 164 N. E. 726, 727; Puttkammer v. Industrial Comm’n, 371 Ill. 497, 21 N. E. 2d 575. This is not to say that there are not cases “where an employee, even with the laudable purpose of helping another, might go so far from his employment and become so thoroughly disconnected from the service of his employer that it would be entirely unreasonable to say that injuries suffered by him arose out of and in the course of his employment.” Matter of Waters v. Taylor Co., 218 N. Y. at 252, 112 N. E. at 728. We hold only that rescue attempts such as that before us are not necessarily excluded from the coverage of the Act as the kind of conduct that employees engage in as frolics of their own.
The Deputy Commissioner treated the question whether the particular rescue attempt described by the evidence was one of the class covered by the Act as a question of “fact.” Doing so only serves to illustrate once more the variety of ascertainments covered by the blanket term “fact.” Here of course it does not connote a simple, external, physical event as to which there is conflicting testimony. The conclusion concerns a combination of happenings and the inferences drawn from them. In part at least, the inferences presuppose applicable standards for assessing the simple, external facts. Yet the stand[*508] ards are not so severable from the experience of industry nor of such a nature as to be peculiarly appropriate for independent judicial ascertainment as “questions of law.”
Both sides conceded that the scope of judicial review of such findings of fact is governed by the Administrative Procedure Act. Act of June 11, 1946, 60 Stat. 237, 5 U. S. C. § 1001 et seq. The standard, therefore, is that discussed in Universal Camera Corp. v. Labor Board, ante, p. 474. It is sufficiently described by saying that the findings are to be accepted unless they are unsupported by substantial evidence on the record considered as a whole. The District Court recognized this standard.
When this Court determines that a Court of Appeals has applied an incorrect principle of law, wise judicial administration normally counsels remand of the cause to the Court of Appeals with instructions to reconsider the record. Compare Universal Camera Corp. v. Labor Board, supra. In this instance, however, we have a slim record and the relevant standard is not difficult to apply; and we think the litigation had better terminate now. Accordingly we have ourselves examined the record to assess the sufficiency of the evidence.
We are satisfied that the record supports the Deputy Commissioner’s finding. The pertinent evidence was presented by the written statements of four persons and the testimony of one witness. It is, on the whole, consistent and credible. From it the Deputy Commissioner could rationally infer that Valak acted reasonably in attempting the rescue, and that his death may fairly be attributable to the risks of the employment. We do not mean that the evidence compelled this inference; we do not suggest that had the Deputy Commissioner decided against the claimant, a court would have been justified in[*509] disturbing his conclusion. We hold only that on this record the decision of the District Court that the award should not be set aside should be sustained.
Reversed.
Dissent
Liability accrues in the instant case only if the death arose out of and in the course of the employment. This is a statutory provision common to all Workmen’s Compensation Acts. There must be more than death and the relationship of employee and employer. There must be some connection between the death and the employment. Not in any common-law sense of causal connection but in the common-sense, everyday, realistic view. The Deputy Commissioner knew that, so he found as a fact that “at the time of his drowning and death the deceased was using the recreational facilities sponsored and made available by the employer for the use of its employees and such participation by the deceased was an incident of his employment . . . .” This finding is false and has no scintilla of evidence or inference to support it.
I am unable to understand how this Court can say this is a fact based upon evidence. It is undisputed upon this record that the deceased, at the time he met his death, was outside the recreational area in the performance of a voluntary act of attempted rescue of someone unknown to the record. There can be no inference of liability here unless liability follows from the mere relationship of employer and employee. The attempt to rescue was an isolated, voluntary act of bravery of the deceased in no manner arising out of or in the course of his employment. The only relation his employment had with the attempted rescue and the following death was that his employment put him on the Island of Guam.
[*510] I suppose the way to avoid what we said today in Universal Camera Corp. v. Labor Board, ante, p. 474, is to find facts where there are no facts, on the whole record or any piece of it. It sounds a bit hollow to me for the Court, as it does, to quote from the New York case of Matter of Waters v. Taylor Co., 218 N. Y. 248, 252, 112 N. E. 727, 728, “where an employee, even with the laudable purpose of helping another, might go so far from his employment and become so thoroughly disconnected from the service of his employer that it would be entirely unreasonable to say that injuries suffered by him arose out of and in the course of his employment.” This would seem to indicate that we are leaving some place for voluntary acts of the employees outside the course of their employment for which the employer may not be liable. There surely are such areas, but this case does not recognize them. The employer is liable in this case because he is an employer.
I would affirm the judgment of the Court of Appeals.