United States v. Bender Welding & Machine Co.

RONEY, Circuit Judge:

These two consolidated cases present the common legal question of whether the United States can recover the cost of medical care provided through a Veterans Administration hospital to disabled or injured veteran-employees covered by the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C.A. § 901 et seq. The Benefits Review Board denied recovery. We reverse on the ground that the Government, to which the employees had voluntarily assigned their compensation claims, was by subrogation entitled to reimbursement for the expense of medical service furnished the employees.

The…