Sessa v. Weeks Stevedoring Co.

MOSCOWITZ, District Judge.

There has been interposed as a defense that an award was made herein pursuant to Section 933(b) of the Navigation and Navigable Waters Act, being Longshoremen’s and Harbor Workers’ Compensation Act, § 33, Title 33, Section 933 U.S.C.A., and that plaintiff was paid such award and that the award, therefore, under this Section 933 is a bar to this action.

Section 933(b) provides:

“Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner shall operate as an assignment to the employer of all right of the person entitled to…