Theodore v. Moore-McCormack Lines, Inc.

MEMORANDUM

MILTON POLLACK, District Judge.

Defendant moves to dismiss pursuant to Section 33(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 933(b), on the ground that plain tiff’s claim has been assigned by operation of law to his employer. Plaintiff opposes dismissal contending that there has been no assignment.

The relevant portion of the statute reads: Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner or Board shall operate as an assignment to the employer of all right of the person entitled to compensation to…