McMahon v. United States, 342 U.S. 25 (1951)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Under the Clarification Act, the claim of a seaman against the United States for injuries and maintenance and cure, "if administratively disallowed in whole or in part," may be enforced pursuant to the provisions of the Suits in Admiralty Act, which provides that any suit thereunder "shall be brought within two years after the cause of action arises."

Held: the period of limitation begins to run from the date of the injury, not from the time of the administrative disallowance of the claim. Pp. 25-27.

2. Upon the record in this case, it is inappropriate to consider whether the statute of limitations is tolled for a maximum of sixty days while a claim is pending and not disallowed either by notice or by operation of the regulations. P. 28.

186 F.2d 227 affirmed.

Petitioner’s complaint in a suit against the United States was dismissed by the District Court as barred by limitations. 91 F.Supp. 593. The Court of Appeals affirmed. 186 F.2d 227. This Court granted certiorari. 341 U.S. 930. Affirmed, p. 28.