Calbeck v. Travelers Ins. Co., 370 U.S. 114 (1962)

Calbeck v. Travelers Insurance Co.


No. 532


Argued April 23, 1962
Decided June 4, 1962 *
370 U.S. 114

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

1. Injuries sustained by employees working on new vessels under construction and afloat upon navigable waters are not excluded from the coverage of the Longshoremen’s and Harbor Workers’ Compensation Act by § 3(a) thereof, although recovery for such injuries may validly be had under a state workmen’s compensation law. Pp. 115-131.

2. Acceptance by such an employee of payments under a state workmen’s compensation law does not constitute an election of the remedy under the state law which precludes recovery under the Longshoremen’s Act. Pp. 131-132.

293 F.2d 51, 52, reversed.