Pearlie Simmons v. Sea-Land Services, Inc.
Opinion of the Court
C. A. 4th Cir. Certiorari denied.
Dissenting Opinion
dissenting.
Under § 33(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1440, as amended, 33 U. S. C. § 933(b), the 6-month period within which an injured longshoreman must commence a third-party negligence action against a shipowner begins upon his “Acceptance of . . . compensation under an award in a compensation order.” In this case, the Fourth Circuit held that, in effect, this period begins whenever an injured longshoreman accepts a compensation payment from his employer, even if he does not know at that time what his ultimate recovery will be. This approach conflicts with that of the Second Circuit, which has
Reference
- Full Case Name
- Simmons Et Al. v. Sea-Land Services, Inc., Et Al.
- Cited By
- 28 cases
- Status
- Published