Peters v. Speeflo Manufacturing Corp.

REASONS FOR JUDGMENT

DUPLANTIER, District Judge.

Resolving an issue as to which there is apparently no controlling precedent, we hold that an employer who has paid medical expenses and compensation benefits under the Longshoremen’s and Harbor Workers’ Compensation Act cannot claim reimbursement out of the funds resulting from a settlement entered into between the employee and an alleged third-party tortfeasor, where the terms of the settlement specifically provide otherwise and reserve the right of the employer to proceed with its claim against the third party for reimbursement of the amounts…