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The plaintiff, a longshoreman, sustained personal injuries in 1959 and received compensation under the Longshoremen’s and Harbor Workers’ Compensation Act. After formal awards in 1960 and 1961, the plaintiff filed a third-party suit in August 1961, more than six months after the award. The defendants moved for summary judgment, arguing the cause of action was assigned to the employer under 33 U.S.C.A. § 933(b) due to the delayed filing. The plaintiff contended that he could still sue if there was a conflict of interest with his employer or insurer. The Court, interpreting Section 933(b) in light of its legislative history and purpose, ruled that a longshoreman's cause of action is assigned to the employer by operation of law if a third-party suit is not filed within six months of a compensation award, precluding the longshoreman from suing thereafter. The Court granted the defendants' motion for summary judgment and dismissed the case.
McClendon v. Charente Steamship Co. is a workers' compensation case decided in District Court, S.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. Texas.
Full Decision Text1 Pages
The plaintiff, a longshoreman, sustained personal injuries in 1959 and received compensation under the Longshoremen’s and Harbor Workers’ Compensation Act. After formal awards in 1960 and 1961, the plaintiff filed a third-party suit in August 1961, more than six months after the award. The defendants moved for summary judgment, arguing the cause of action was assigned to the employer under 33 U.S.C.A. § 933(b) due to the delayed filing. The plaintiff contended that he could still sue if there was a conflict of interest with his employer or insurer. The Court, interpreting Section 933(b) in light of its legislative history and purpose, ruled that a longshoreman's cause of action is assigned to the employer by operation of law if a third-party suit is not filed within six months of a compensation award, precluding the longshoreman from suing thereafter. The Court granted the defendants' motion for summary judgment and dismissed the case.
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