Legal Opinion
Oleszczuk v. Calmar Steamship Corp.
District Court, D. Maryland
Decided June 30, 1958No. 9179PublishedCited by 17 opinions
1Opinion of the Court
THOMSEN, Chief Judge.
Plaintiff longshoreman has obtained a judgment for $35,000 against defendant shipowner, out of which his counsel has retained $1,614.75 to reimburse Travelers, his employer’s insurance carrier, which had paid that amount to or for plaintiff as compensation and medical expenses under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., without an award. Plaintiff’s counsel now claims the right to deduct a portion of his fee out of the $1,614.75.
The fact that carrier’s payments were made without an award does not relieve plaintiff of his duty…
2Cases cited4 opinions
- Mitchell v. the EtnaCourt of Appeals for the Third Circuit · 1943
- Fontana v. Pennsylvania R. Co.District Court, S.D. New York · 1952
- Ocean S. S. Co. v. Lumbermens Mut. Casualty Co.Court of Appeals for the Second Circuit · 1942
- Poleski v. Moore-McCormack Lines, Inc.District Court, D. Maryland · 1958
3Cited by17 opinions
- Bloomer v. Liberty Mutual InsuranceSupreme Court of the United States · 1980
- L. C. Haynes v. Rederi A/s AladdinCourt of Appeals for the Fifth Circuit · 1966
- International Terminal Operating Co., Inc. v. Waterman Steamship Co.Court of Appeals for the Second Circuit · 1959
- Ashcraft and Gerel v. Liberty Mutual Insurance CompanyCourt of Appeals for the D.C. Circuit · 1965
- Travelers Insurance Co. v. HadenDistrict of Columbia Court of Appeals · 1980
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