Commercial Union Insurance Company v. John P. McKinnon Barbara A. McKinnon

BOWMAN, Circuit Judge.

Commercial Union Insurance Company brought suit against John and Barbara McKinnon for restitution of workers’ compensation benefits paid to John McKinnon, the latter having also recovered damages under federal maritime law for his injuries. The District Court1 granted summary judgment in favor of Commercial Union. The McKinnons appeal. We affirm.

I

John McKinnon, a dredge operator, was injured in 1987 while working on a dredge for his employer, Holliday Sand & Gravel Company (“Holliday”). McKinnon filed a claim for workers’ compensation and eventually received benefits in…