Steven C. Hayden, Cross-Appellee v. Kerr-Mcgee and J-W Operating Company, Dresser Atlas, Intervenor-Appellant, Cross-Appellant

ROBERT MADDEN HILL, Circuit Judge:

The question posed by this appeal is whether an employer who has paid medical benefits to an injured employee pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-50, is entitled to be fully reimbursed for those payments out of the employee’s later recovery against; negligent third parties. Determining that prior case law of this Circuit permits no other result, we hold that the employer is entitled to such a reimbursement.

I

Dresser-Atlas, Inc. (“Dresser”) employed Steven C. Hayden as a wireline operator. In the course of…