PETERS v. NO. RIVER INS. CO. OF MORRISTOWN, N.J.

No. 84-3284.

764 F.2d 306 (1985)

Terrence PETERS, Plaintiff-Appellee, v. NORTH RIVER INSURANCE COMPANY OF MORRISTOWN, NEW JERSEY and Bergeron Shipyards, Inc., Intervenors-Appellants, v. SPEEFLO MANUFACTURING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 1985.


Attorney(s) appearing for the Case

Lugenbuhl, Larzelree & Ellfson, Anthony J. Staines, Charles E. Lugenbuhl, New Orleans, La., for intervenors-appellants.

Harry T. Widmann, New Orleans, La., for Terrence Peters.

David K. Persons, Metairie, La., for Speeflo Mfg. Corp.

Before RANDALL, JOHNSON and GARWOOD, Circuit Judges.


RANDALL, Circuit Judge:

This appeal presents the question whether an injured worker covered by the Longshoremen's and Harbor Workers' Compensation Act and a third-party tortfeasor may settle their dispute independently of the employer's subrogation claim for reimbursement of the amount of compensation benefits paid to the worker pursuant to the Act. We hold that, while the worker and the third party may allocate responsibility for reimbursement between themselves...

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