Freader v. Cities Service Transp. Co.

CAFFEY, District Judge.

The beneficent provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. §§ 901-950, will fail unless the scheme of it, including the procedural provisions, be adhered to. Among such provisions, which justice requires be enforced, is the one vesting in an employee the right of election between acceptance of payments from his employer or bringing action against a third party.

In this instance the issue as to whether, through acceptance of compensation payments, the employee has lost his right of action against the third party is properly raised by…