Collier v. John Mendis, Inc.

ORDER

OBERDORFER, District Judge.

There is before the Court defendant’s motion for summary judgment on the ground that plaintiff’s claim was assigned by operation of law to his employer once he failed to file suit within six months of receiving compensation payments, under 33 U.S.C. § 933(b). Defendant alleges only that plaintiff filed the relevant forms and received payment, but nonetheless maintains that this constitutes an award under the statute. The legislative history, however, is clear that Congress did not contemplate that mere acceptance of funds is sufficient to trigger an assignment.…