Legal Opinion
Jimmy Allen v. Texaco, Inc., North-West Insurance Company, Intervenor-Appellant
Court of Appeals for the Fifth Circuit
Decided April 7, 1975No. 74--1902PublishedCited by 47 opinions
1Opinion of the Court
RONEY, Circuit Judge:
This is a case of first impression. An employee was injured on the job and received compensation benefits under the Longshoremen’s and Harbor Workers’ Compensation Act. The compensation carrier had waived rights of subrogation as to any claim the employee might have against a third party who caused the injury. The employee sued the third party and a settlement was reached. Does the waiver of subrogation rights by the compensation carrier bar a lien against and participation in the proceeds of the settlement between the employee and the third party, to which the carrier…
2Cases cited7 opinions
- Mitchell v. the EtnaCourt of Appeals for the Third Circuit · 1943
- Fontana v. Pennsylvania R. Co.District Court, S.D. New York · 1952
- Hugev v. Dampskisaktieselskabet InternationalDistrict Court, S.D. California · 1959
- Metropolitan Stevedore Company, a Corporation v. Dampskisaktieselskabet International, a CorporationCourt of Appeals for the Ninth Circuit · 1960
- Frank C. Joyner, American Motorists Insurance Company v. F & B Enterprises, Inc. T/a Naylor JewelersCourt of Appeals for the D.C. Circuit · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Edward L. Lowe v. Ingalls Shipbuilding, a Division of Litton Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
- John Dodge v. Mitsui Shintaku Ginko K. K. Tokyo, and Brady-Hamilton Stevedore Co., Intervenor-AppelleeCourt of Appeals for the Ninth Circuit · 1976
- Shellman v. United States Lines, Inc.Court of Appeals for the Ninth Circuit · 1975
- Terrence Peters v. North River Insurance Company of Morristown, New Jersey and Bergeron Shipyards, Inc., Intervenors-Appellants v. Speeflo Manufacturing CorporationCourt of Appeals for the Fifth Circuit · 1985
- Stevedoring Services of America, Inc. v. EggertWashington Supreme Court · 1996
42 more not listed; retrieve them via the Exa API.