CHENEVERT v. TRAVELERS INDEM. CO.

No. 13-60119.

746 F.3d 581 (2014)

Gary CHENEVERT, Plaintiff-Appellee v. TRAVELERS INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 2014.


Attorney(s) appearing for the Case

Frank Snider Thackston, Jr., Esq. , Andrew N. Alexander, III (argued), Esq., Heath Shannon Douglas, Esq. , Lake Tindall, L.L.P., Greenville, MS, for Plaintiff-Appellee.

Ralph S. Hubbard, III , David Boies Sharpe (argued), Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, Ian Avery Brendel, Esq. , Daphne, AL, for Defendant-Appellant.

Before JONES, WIENER, and GRAVES, Circuit Judges.


JAMES E. GRAVES, JR., Circuit Judge:

In Massey v. Williams-McWilliams, Inc., 414 F.2d 675 (5th Cir.1969), we considered the case of a shipowner/employer who made voluntary payments to an injured employee under the Longshore and Harbor Workers' Compensation Act ("LHWCA") and who was later held liable to the worker in a Jones Act claim. We held that the shipowner/employer was entitled to "a credit against those items of [Jones...

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