Jakuboski v. Matson Navigation Co.

In an action by plaintiff, a longshoreman, against third parties to recover damages for personal injuries, a separate defense, contained in the amended answer, which pleads the provisions of the Federal Longshoremen’s and Harbor Workers’ Compensation Act pertaining to the securing of compensation and that plaintiff’s employer had secured for and paid to plaintiff compensation as provided in said act, is sufficient in law to constitute an election by plaintiff under subdivision (a) of section 33 of said act (U. S. Code, tit. 33, § 933, subd. [al) without a specific allegation that plaintiff…