Legal Opinion
Davis v. United States Lines Co.
District Court, E.D. Pennsylvania
Decided July 18, 1957No. Civ. A. No. 15964PublishedCited by 2 opinions
1Opinion of the Court
VAN DUSEN, District Judge.
The issue presented for decision in this case is, where a longshoreman pros*914ecutes to settlement, in a net amount1 which exceeds the total sum of moneys which plaintiff would have been entitled to recover under the compensation provisions of the Longshoremen’s and Harbor Workers’ Compensation Act,2 an action for damages against a third party for injuries suffered in the course, of his employment, after he has received voluntary payment of compensation benefits from his employer’s compensation insurer, is he entitled to deduct from the full amount of the subrogation…
2Cases cited11 opinions
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- South Chicago Coal & Dock Co. v. BassettSupreme Court of the United States · 1940
- Czaplicki v. the Hoegh SilvercloudSupreme Court of the United States · 1956
- The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955
- American Mut. Liability Ins. Co. v. MatthewsCourt of Appeals for the Second Circuit · 1950
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3Cited by2 opinions
- Paul A. Cella and Barbara Cella v. Partenreederei Ms Ravenna, Appeal of Michael B. LattiCourt of Appeals for the First Circuit · 1976
- Richter v. United StatesDistrict Court, E.D. Pennsylvania · 1960