Texas Employers' Insurance Association v. Leroy Jackson

ALVIN B. RUBIN, Circuit Judge,

with whom JOHNSON, Circuit Judge, joins concurring (Circuit Judges BROWN and WILLIAMS join in part II):

I

The court’s opinion follows settled doctrine and I therefore join in it.

II

It is time, however, for Congress to reconsider the statute that we are obliged to follow, for it is no longer adequate to assure the protection of federal rights.

There can be little doubt that the LHWCA preempts state jurisdiction over suits involving failure to pay compensation under the Act.1 Yet we rely on state courts to enforce the employer’s federal right not to have this claim…