Sciortino v. Dimon SS Corporation

MOSCOWITZ, District Judge.

The special issue raised by the separate defense as to whether or not the plaintiff has accepted compensation within the meaning of section 33(b) of the Longshoremen’s and Harbor Workers’ Compensation Act (33 US CA § 933(b), was tried before tMs court without a jury.

The sole question for determination is whether or not the third party action specially reserved to injured employees by virtue of section 33(b) of the Longshoremen’s and Harbor Workers’ Compensation Act (33 US CA § 933(b), has been saved to tMs plaintiff, or whether the Travelers’ Insurance Company has…