Czaplicki v. The Vessel "SS Hoegh Silver-Cloud"

FRANK, Circuit Judge.

1. When an injured party elects to receive an award of compensation under the terms of the Longshoremen’s and Harbor-Workers’ Compensation Act, the election operates as an assignment to his employer or his employer’s insurer, of his right of action against third persons *191who may have caused the injury. Hunt v. Bank Line, 4 Cir., 35 F.2d 136. The injured party is not without a financial interest in subsequent proceedings, however, for if the assignee recovers from the third person any amount in excess of the award of compensation, that excess goes to the injured party.…