33 U.S.C. § 917
Lien against compensation
Where a trust fund which complies with section 186(c) of title 29 established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.
Notes of Decisions
Cited in 8
cases, 1933–2012 · leading case: Albert Johnson v. Am. Mut. Liab. Ins. Co., 559 F.2d 382 (5th Cir. 1977).
Albert Johnson v. Am. Mut. Liab. Ins. Co., 559 F.2d 382 (5th Cir. 1977). “33 U.S.C.A. § 917 . 11 The Act speaks of and provides for compensation and damages.”
Grantham v. E. Marine, Inc., 93 B.R. 752 (Bankr. N.D. Fla. 1988). “The court in the Nelson case relied upon a unique provision of the LSHWCA ( 33 U.S.C. § 917 (a)) which equated benefit payments to claims for unpaid wages.”
Aucoin v. Pelham Marine, Inc., 593 F. Supp. 770 (W.D. La. 1984). “[S] the Act charges the carrier with the liability of the employer (creating a lien against the assets of the carrier, 33 U.S.C.A. § 917 ), the carrier is likewise entitled to the immunities of the employer, and that indeed the Congress never contemplated the carrier’s being…”
Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, U.S., 65 F.3d 460 (5th Cir. 1995). “See 33 U.S.C. § 917 . Thus, the language in the release which purports to give the employer a set-off against settlement sums subject to a compensation lien reflects an intent to limit the set-off to the portion of the settlement paid to a party entitled to compensation.”
Pyrites Co. v. Davison Chem. Co., 4 F. Supp. 294 (D. Maryland 1933). “Compensation shall have the same preference of hen against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise.”
Tucker v. Norton, 47 F. Supp. 762 (E.D. Pa. 1942). “A lien for the compensation attaches to the assets of the carrier or employer, under Section 17 of the Act, 33 U.S.C.A. § 917 , and the lien attaches without the necessity of the Compensation order being recorded, docketed or filed.”
Solis v. Home Ins., 848 F. Supp. 2d 91 (D.N.H. 2012). “33 U.S.C. § 917 (a), as amended by Pub.L.”
In re Charles Nelson Co., 29 F. Supp. 56 (N.D. Cal. 1939). “1434 , 33 U.S.C.A. § 917 ) provided that “Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as- is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise.”
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