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AETNA LIFE INS. CO. v. HARRIS

Nos. 77-2351, 77-2352.

578 F.2d 52 (1978)

AETNA LIFE INSURANCE CO., Petitioner, v. Raymond HARRIS, Respondent, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondent. SUN SHIPBUILDING & DRY DOCK CO., Petitioner, v. Raymond HARRIS, Respondent, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 14, 1978.

Attorney(s) appearing for the Case

Morton F. Daller, Brian D. O'Neill, Rawle & Henderson, Philadelphia, Pa., for petitioner, Aetna Life Ins. Co.

James T. Giles, Sally Akan, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for petitioner, Sun Shipbuilding and Dry Dock Co.

Joshua T. Gillelan, II, Atty., Carin Ann Claus, Sol. of Labor, Laurie M. Streeter, Associate Sol., Linda L. Carroll, Atty., U. S. Dept. of Labor, Washington, D. C., for respondent, Director, Office of Workers' Compensation Programs.

Joseph Lurie, Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., for respondent, Raymond Harris.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Circuit Judge.

We hold today that an insurance carrier providing coverage for non-occupational injuries and illnesses may intervene in proceedings under the Longshoremen's and Harbor Workers' Act (the Act), 33 U.S.C. § 901 et seq., and recover amounts paid out for injuries or illnesses that are found to be work-related.

Raymond Harris filed two claims against his employer, the Sun Shipbuilding...

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