About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Mar. Law. 265 (1977-1978)
Awards and Conflicts of Interest under Section 933(6): The Longshoreman Bandied about Again

handle is hein.journals/tulmar3 and id is 271 raw text is: COMMENTS AWARDS AND CONFLICTS OF INTEREST UNDER SECTION 933(6): THE LONGSHOREMAN BANDIED ABOUT AGAIN. The Longshoremen's and Harbor Workers Compensation Act' was passed by the Congress in 1927 after serveral years of prodding by the United States Supreme Court.2 Patterned almost word for word after the New York workmen's compensation statute,3 the Act was designed to fill the gap left by the Supreme Court opinions and provide longshoremen with a federal remedy for injuries or death occurring on navigable waters. In almost all respects, the Act was passed with the benefit of the injured employee as the primary consideration and subsequent decisions reaffirmed the principle that it was to be construed liberally in favor of the employee.4 However, as had New York,5 Congress provided one section devoted exclusively to the benefit of the employer, section 933, whereby the employer was assigned the employee's cause of action against third party tort-feasors upon the acceptance of compensation.6 The provision was amended in 1938 to require acceptance of compensation under an award in a compensation order filed by the deputy commissioner before an assignment would take place,7 and again in 1959, wherein a six month waiting period was added before the assignment became effective.8 Although the section was passed in aid of the employer's interest in recoupment of paid compensation,9 until recently it had never been construed as a penalty to the employee.10 As will be discussed, it is unquestioned that the term assignment in section 933 is to be construed literally as a transfer of the employee's entire cause of action against a third party. It was this strict interpretation, however, that prompted the Congress to adopt the 1. 44 Stat. 1424 (1927): current version at 33 U.S.C. §§ 901-950 (1976). 2. See Southern Pacific Co. v. Jensen, 244 U.S. 205(1917): Knickerbocker Ice Co. v. Stewart, 253 U.S. 149 (1920): Washington v. W.C. Dawson & Co., 264 U.S. 219 (1924): International Stevedoring Co. v. Haverty. 272 U.S. 50 (1926). 3. N.Y. Workmen's Compensation Laws (McKinney) § 1-401 (1922). 4. See qenerally Reed v. Yaka, 373 U.S. 410 (1963): Voris v. Eikel. Tex. 346 U.S. 328 (1956); Alabama Dry Dock & Shipbuilding Co. v. Kininess, 554 F. 2d 176 (5th Cir. 1977). 5. N.Y. Workmen's Compensation Laws (McKinney) § 29.2 (1922). 6. § 33. 44 Stat. 1440 (1927): current version at 33 U.S.C. § 933(b) (1976). 7. § 12, 52 Stat. 1168 (1938): current version at 33 U.S.C. § 933(b) (1976). 8. Pub. L. 86-171, 73 Stat. 391 (1959): current version at 33 U.S.C. § 933(b) (1976). 9. The Etna, 138 F. 2d 37, 40 (3rd. Cir. 1943). 10. Liberty Mutual Insurance Co. v. Ameta & Co., 564 F. 2d 1097 (4th Cir. 1977): Bandy v. Bank Line, Ltd., 442 F. Supp. 882 (E.D.Va. 1977). 265

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most