Federal Marine Terminals, Inc. v. Burnside Shipping Co.

Under § 33 of the Longshoremen’s and Harbor Workers’ Compensation Act, 1 an employer who pays compensa tion benefits to the representative of a deceased employee may be subrogated to the rights of the representative against third persons. 2 The question presented by this case is whether a stevedoring contractor whose longshoreman employee was killed in the course of his employment is limited to this subrogation remedy in seeking reimbursement from a shipowner on whose vessel the longshoreman met his death. Both the District Court 3 and the Court of Appeals 4 held that statutory subrogation is…